This agreement covers the Shelli software itself. The terms of service cover the wider relationship, and both apply.
1. Who grants this licence
The licensor is DRAF IT SERVICES S.A.S, NIT (pending), a Colombian company, acting through its legal representative DANY LEONARDO CASANOVA LUCIN, C.C. 1.233.924.846. Draf IT is the trading name used for it throughout this agreement.
The licensee is the business named on the subscription. The licence covers the shops that subscription names and the devices it allows, and a shop's own certificate states which.
2. Acceptance
Installing or using any Shelli product accepts this licence, and it applies to every person who uses the software, whether or not they hold the subscription. If you do not accept it, do not install or use the software.
3. The licence
While your subscription is current and paid, Draf IT grants you a non-exclusive, non-transferable licence to install and use the software for your own business, on the number of devices your subscription allows, in the shops it names.
The licence lasts as long as the term you have paid for. When a term lapses, the licence lapses with it.
4. What you may not do
- Copy, publish, rent, lend, resell or sublicense the software, or make it available to
anybody outside your business.
- Reverse engineer, decompile or disassemble it, except where the law expressly permits it
despite this clause.
- Remove or alter any notice of ownership.
- Defeat, work around or tamper with the licensing, the device limits or the activation.
- Run it on more devices than your subscription allows.
- Use it to build a competing product.
5. Ownership
The software is licensed, not sold. Draf IT keeps all rights in it, including its source, its design and its name. Nothing here transfers any of them to you.
Your own data is yours, and this licence gives us no rights over it.
6. Devices and activation
The software identifies the machine it runs on and reports it so that the licence can be enforced. Changing hardware may require the device to be registered again through the portal.
7. Working offline
The software keeps working without a connection for the period your plan allows, and then requires contact with Shelli Nexus before it will continue. This is part of how the licence is enforced, and it is not a fault.
8. Updates
Updates may be published at any time and may change or remove features. Some updates are required, and the software may decline to run until one has been applied.
9. Ending it
This licence ends when your subscription ends, or immediately if you break it. When it ends, stop using the software and remove it from your devices. Your own data remains yours and stays on your equipment.
10. No warranty and limits
The software is provided as it is, without warranty of any kind to the fullest extent the law allows. The limitation of liability in the terms of service applies to this licence in the same way and to the same extent.
11. Breaking clause 4
Clause 4 is not a formality. Defeating the licensing, running more devices than the subscription allows, or tampering with activation takes the price of work that was already done, and it is treated as what it is rather than as an oversight.
- This licence ends immediately, without notice and without refund of anything already
paid. Clause 9 applies from that moment.
- We may suspend the affected shops at once, before any discussion, where letting them
run would let the breach continue.
- You owe what you avoided: for every device or shop run outside the licence, the
subscription fees that would have been payable for the whole period it ran, together with what it cost us to establish what happened.
- The records are kept and they are evidence. Clause 6 says the software reports the
machine it runs on and the licence it was issued; this says what that record is for.
- We reserve every remedy available to us, civil and criminal, and intend to use them.
Software is protected as a work of authorship in Colombia under Ley 23 de 1982 and Decisión Andina 351 de 1993, and conduct of this kind may also constitute an offence under the Código Penal: the articles on infringement of the economic rights of authors and on defeating the mechanisms that protect them, and those introduced by Ley 1273 de 2009 where a system is accessed or interfered with without authorisation. Nothing in this agreement narrows what we may pursue.
None of this is aimed at a shop whose licence lapsed because a card expired, or at a device that stopped reporting because a shop lost its connection. It is aimed at deliberate circumvention, and the records make the difference plain.
12. Law and language
This licence is governed by the laws of the Republic of Colombia.
It is published in Spanish and in English. The Spanish version is the one that governs, and the English is provided so that it can be read. Where the two differ, the Spanish text decides.