Terms and Conditions

TubeWorks Subscription Terms, Conditions and Entitlements

Legal Notice

By subscribing to and using TubeWorks software, you agree to be bound by the following Terms and Conditions. These Terms and Conditions constitute a legally binding agreement between you (the “Subscriber”) and TubeWorks (the “Company”). Your subscription entitles you to specific rights and obligations, including but not limited to software upgrades, support services, and training. Please read these Terms and Conditions carefully before proceeding with your subscription. If you do not agree to these Terms and Conditions, you must not subscribe to or use the TubeWorks software.

1. License for Continued Access and Use

Your subscription entitles you to continued access and use of the TubeWorks software as long as you are an active subscriber.

2. Upgrades, Support, and Training

2.1 Upgrades

• Continuous Software Updates: You are entitled to continuous software updates, ensuring access to the latest version of the TubeWorks software.
• New Feature Releases: You will receive new functionalities that enhance and improve your tube bending and fabrication software.
• Regular Updates: You will receive important updates that keep the software running smoothly and efficiently.
• Bug Fixes: You are entitled to timely resolutions to any software issues, ensuring a seamless user experience.

2.2 Support

• Responsive Assistance: You have direct email access to our team of experts for assistance with any issues or questions, ensuring minimal disruption to your operations.
• Remote Support: For complex issues, an optional link can be provided to allow a support technician to access your desktop and assist with support tasks.
• Technical Guidance: You receive support for troubleshooting, software usage, and any technical concerns.

2.3 Training

• Initial Training Session: You have access to schedule training to get you and your team started with the TubeWorks suite of software.
• Ongoing Remote Training Sessions: You are entitled to scheduled training sessions designed to help you and your team maximize the use of TubeWorks.
• Customized Training Programs: You have access to tailored sessions to address specific needs and optimize the software’s potential.
• Ongoing Educational Resources: You will have access to tutorials, webinars, and documentation to continuously enhance your team’s skills and knowledge – coming soon.

3. Module Additions

• Specialized Modules: Specialized module stacks are available to enhance TubeWorks Pro and TubeWorks for SOLIDWORKS functionalities. Purchase of TubeWorks Pro or TubeWorks for SOLIDWORKS is necessary to integrate these modules.
• Adding Modules: You can add modules at any time by paying the first-year fee, which is a combination of the One Time Fee (OTF) and the first year’s Annual Recurring Fee (ARF).
• Canceling Modules: You may cancel a subscription to an individual module without canceling the parent software. This will only take effect annually, and reinstatement charges will apply.

4. Subscription Payment Terms

• Initial Payment: The first-year payment is a one-time fee (OTF) plus an annual recurring fee (ARF) per seat, paid annually starting from the first year. The first-year payment is due immediately and must be made via the payment link provided.
• Renewal Notices: Renewal notices will be sent before the subscription expiration date. You may choose to discontinue your subscription at this time; however, access to the software will terminate immediately upon expiration.
• Payment Methods:
  • Automatic Recurring Payments: If elected, automatic recurring payments can be set up by inputting a payment method via the payment portal. The payment portal will allow automatic payments via a valid credit card or ACH withdrawal authorization. This payment method can be changed at any time. Your subscription will automatically renew before the expiration date, and a new license code will be provided for the next renewal period.
  • Manual Recurring Payments: You may elect to pay via wire transfer; however, this method currently does not support automatic payments, so be sure to pay any renewal notices well before the expiration date to avoid losing access to the TubeWorks software. Your subscription will only renew after payment has been cleared. Failure to do so by the expiration date will result in a loss of access to the TubeWorks software.
• Payment for Subscriptions and Modules: Payment for subscriptions and modules is due upon purchase. All payments are non-refundable once processed.
• Payment Failure: If payment is declined, access to the software will be subject to termination if a new payment method is not provided before expiration.
• Re-Subscription: If you forgo renewal and later choose to resubscribe, you must pay the lesser of the total of annual recurring fees due from the time you unsubscribed to the time you resubscribed, or the first-year total fee (one-time fee plus the first annual recurring fee). Immediate payment is required before a new license will be issued.

5. Cancellation Policy

• Subscription Cancellation: Customers can cancel their subscription at any time. However, the current subscription will not be refunded or prorated; it simply will not be renewed. Reinstatement charges will apply if re-subscribing.
• Module Cancellation: Users may cancel a subscription to an individual module without canceling the parent software. This will take effect annually, and reinstatement charges will apply.

6. License Activation and Deactivation

• Upgrading Software: A technical support agent will assist in deactivating your current license, upgrading your software, and activating your new annual license.
• Failure to Deactivate: Currently, the software needs to be deactivated BEFORE changing the current computer’s name, upgrading or replacing any hardware, changing the server login for Windows, or moving to a new computer system. If you fail to deactivate the software without providing a valid deactivation code, a license code replacement fee will be charged. This fee is equal to the one-time fee paid in the first year. A new code will only be provided if the customer has a current subscription and has paid the penalty fee.
• License Key Elimination: A future version of the software and its component licensing system will eliminate the need for license keys, allowing users to change computers, upgrade, and more without contacting technical support. You agree to be moved to this version when available and all access to previous versions will be restricted regardless of license status.

7. License Transfer

• Non-Transferable Licenses: TubeWorks Pro licenses are non-transferable between users or organizations without prior written consent from TubeWorks.

8. License

• Node-Locked License: This license allows one user on one computer to access the TubeWorks software. The software cannot be activated under multiple users; attempting to do so will cause the licensing check to fail, as this is beyond the scope of a single node-locked license. Unauthorized use of a license can lead to a permanent ban from using the TubeWorks platform and may result in legal repercussions.
• Floating License: This license allows one user on one computer to check out a license of the TubeWorks software from a reserve of available licenses. The software cannot be activated under multiple users; attempting to do so will cause the licensing check to fail, as this exceeds the scope of a floating license. Unauthorized use of a license can lead to a permanent ban from using the TubeWorks platform and may result in legal repercussions.
• Virtual Machines and Cloud-Based Streaming Applications: Operating TubeWorks on a virtual machine or through cloud-based streaming applications like AWS AppStream and similar services is not currently supported. The licensing check will fail, and the use of a virtual machine to gain additional user access is a violation of our usage policy and is unlawful, constituting software piracy.
• Remote Desktop (RDP), “Remoting In” and Desktop Sharing
  Sharing a single license across multiple users through the means of desktop sharing, remote desktop, “remoting in”, and other RDP access is a violation of our usage policy and is unlawful, constituting software piracy. A single node locked license is designed to be used by a single user, the owner of that PC. To have multiple users across multiple PC’s a floating license is required.

9. Limitation of Liability

• No Liability: TubeWorks assumes no liability for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use TubeWorks Pro.

10. Termination and Suspension

• Immediate Termination: If subscription payment is not received and the expiration date lapses, access to TubeWorks software will be terminated immediately.
• Suspension: Access may be suspended if payment issues are not resolved promptly. A reinstatement fee will apply (see above).

11. Dispute Resolution

• Dispute Resolution: Any disputes arising from these Terms and Conditions will be resolved through binding arbitration local to the company’s corporate headquarters in Austin, Texas.

12. Changes to Terms and Conditions

• Notification of Changes: We reserve the right to modify these Terms and Conditions at any time. Changes will be communicated via this webpage.

13. Contact Information

• Support: For any questions or support, please contact our technical support team at support@tubeworkssoftware.com or (512) 642-8823.