Please read these Terms of Service (the “Agreement”) before using http://www.dashly.io website and the Dashly mobile application (together, or individually, the “Services”) operated by Dashly, Inc. (“Dashly”, “us”, “we”, or “our”). Your (“Customer,” “you”, or “your”) access to and use of the Services is conditioned upon your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users and others who wish to access or use the Services. By accessing or using the Services you agree to be bound by this Agreement. If you disagree with any part of this Agreement then you do not have permission to access the Services.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
The Services are provided on a subscription basis for a set term (billing period) that is specified on your invoice. Unless otherwise noted on your Order Form, all subscriptions automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal Order Form) for additional periods equal to one (1) month or the preceding term, whichever is shorter; and the per-unit pricing during any automatic renewal term will remain the same as it was during the immediately prior term unless otherwise agreed by the parties. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing. If you elect to cancel, your Services will terminate at the end of the applicable subscription term or immediately if you choose this option and you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.
You agree to pay all applicable fees for the Services as set forth on the invoice unless you provide notice of a dispute regarding such fees no later than 7 days after the invoice date. Any and all payments you make to us for the Services are final and non-refundable.
We will provide you with notice of non-payment of any undisputed amount due. Unless the full amount not in dispute has been paid, we may suspend your access to the Services seven (7) days after such notice. We will not suspend the access to the Services while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If your Services are suspended for non-payment, we may charge a re-activation fee to reinstate your access to the Services.
We are constantly updating product and service offerings for the Services. We may experience delays in updating information on the Dashly web site regarding the Services, information in our advertising on other web sites, or information we provide as part of the Services (“Services Information”). The Services Information may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Services and we cannot guarantee the accuracy or completeness of the Services Information. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Customer Data”). You are responsible for the Customer Data that you post on or through the Services, including its legality, reliability, and appropriateness. By posting Customer Data on or through the Services, You represent and warrant that: the Customer Data you post on or through the Services is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in this Agreement, and that the posting of your Customer Data on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or otherwise in violation of this section.
You retain any and all of your rights to any Customer Data you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Customer Data you or any third party posts on or through the Services. However, by posting Customer Data using the Services you grant us the right and license to transmit, use, copy, access, process, reproduce, display, and adapt the Customer Data. You agree that this license includes the right for us to make your Customer Data available to other users of the Services, who may also use your Customer Data subject to this Agreement. Dashly has the right but not the obligation to monitor and edit all Customer Data provided by users. In addition, Information provided by Dashly as part of provision of the Services is the property of Dashly or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use such information, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit Customer Data, or cancel orders in our sole discretion.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Customer Data found on and/or through the Services on your copyright.
The Services and their original content (excluding Customer Data), features and functionality are and will remain the exclusive property of Dashly and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Dashly.
The Services may contain links to third party web sites or services that are not owned or controlled by Dashly. We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Dashly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites that you visit or services that you enable.
Each party acknowledges that as a result of the Services provided, such party (the “Receiving Party”) may receive information from the other party (the “Disclosing Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). Your Confidential Information includes, but, but is not limited to, your Customer Data, internal business information, contact information including names and email addresses of clients and prospective clients, and other information about clients and prospective clients. Dashly’s Confidential Information includes, but is not limited to, information Dashly provides in its provision of the Services, its business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by Dashly. The Receiving Party acknowledges that the Disclosing Party’s Confidential Information will remain solely the Disclosing Party’s property and proprietary information of the Disclosing Party and that the Receiving Party’s knowledge of the Disclosing Party’s Confidential Information may enable the Receiving Party to cause the Disclosing Party’s irreparable harm upon the unauthorized disclosure of such matters. The Receiving Party covenants and agrees that it will not use or appropriate for its own behalf, or disclose or communicate, directly or indirectly, any of the Disclosing Party’s Confidential Information to any external third-party individual, firm, company or other entity or person without the Disclosing Party’s prior written consent, except to the extent necessary to perform its obligations under the Agreement.
The Receiving Party shall take all commercially reasonable steps required to protect the Disclosing Party’s Confidential Information from unauthorized disclosure to any third party and shall keep the Confidential Information protected while stored with industry standard and commercially reasonable measures typically used in similar commercial sectors.
The foregoing obligations of confidentiality do not apply to any information that: (a) is made publicly known without fault of the Receiving Party; (b) is lawfully disclosed to the Receiving Party by a third-party having the right to disclose the information; (c) is produced by the Receiving Party pursuant to legal process, or under a court or government agency order to be produced, provided that the Receiving Party shall promptly notify the Disclosing Party of the request or order so that the Disclosing Party has a timely opportunity to seek a protective order or other appropriate relief; or (d) is developed by the Receiving Party independent of the receipt of the Disclosing Party’s Confidential Information. Notwithstanding anything to the contrary set forth herein, Dashly may collect and use data regarding the use and performance of the Services in anonymized and aggregated form, to analyze and improve the Services and for distribution in general benchmarking data and industry reports, provided that any reported user data is aggregated and anonymized such that no personally identifying information of any individual is revealed.
The Receiving Party shall, at the Disclosing Party’s option, return or destroy all Confidential Information in Receiving Party’s possession, and all copies thereof, at any time upon the Disclosing Party’s request.
If either party materially breaches any of its duties or obligations under this Agreement or an Order Form, and such breach is not cured within thirty (30) calendar days of the non-breaching party providing the breaching party of written notice of the breach, the non-breaching party may terminate this Agreement or the applicable Order Form, as applicable.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Customer’s Indemnification of Dashly. Customer will indemnify, defend and hold harmless Dashly and its respective directors, officers, employees and agents from and against any and all claims, losses, damages, suits, fees, judgments, costs and expenses, (including reasonable attorney’s fees) (“Claims”) or any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on our Site.
Procedure for Handling Indemnification Claims. In the event of any Claim, Dashly will give prompt notice of any such Claim to Customer; provided that the failure to provide such notice will not relieve Customer of its obligations unless such failure prejudices Customer’s ability to defend the Claim). Customer will be entitled if it so elects in a notice promptly delivered to Dashly, to immediately take control of the defense, settlement and investigation of any Claim and to employ and engage attorneys reasonably acceptable to Dashly to handle and defend the same, at Customer’s sole cost. Dashly will cooperate in all reasonable respects, at Customer’s cost and request, in the investigation, trial and defense of such Claim and any related appeals. Customer will not consent to the entry of any judgment or enter into any settlement with respect to a Claim without Dashly’s prior written consent, which may be withheld in its sole discretion. Dashly may also, at its own cost, participate through its attorneys or otherwise in such investigation, trial and defense of any Claim and related appeals.
Customer (on its own behalf and on behalf of any person or entity authorized to use the services by customer) covenants not to sue or make or assert against Dashly any claim of infringement of any intellectual property right with respect to the services provided by Dashly under this agreement.
In no event shall Dashly or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. You acknowledge and agree that Dashly’s maximum liability to you will not exceed the amount you have paid Dashly in the two (2) months immediately preceding the date on which you first assert a claim.
Dashly will provide the Services in a professional and workmanlike manner, but your use of the Services is at your sole risk. Except as provided herein, the Services are provided on an “AS IS” and “AS AVAILABLE” basis and without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or course of performance. Dashly, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
This Agreement shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect. This Agreement constitutes the entire agreement between us regarding our Services, and supersedes and replaces any prior agreements we might have had between us regarding the Services.
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the new Agreement, you are no longer authorized to use the Services.
Data we collect from visitors is stored in Google facilities.
Personal data means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
We may ask you to provide us, or third parties may provide us, with certain Personal data that can be used to contact or identify you. Personal data may include, but is not limited to, your name, postal address, email address, and phone number. We collect Personal data for the purpose of providing the Services, responding to your requests/inquiries, identifying and communicating with you about the Services and improving our Services.
We collect information that your browser sends whenever you visit our website or use our Services (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Services’ functionality. These third-party service providers have their own privacy policies addressing how they use such information. When you access the Services by or through a mobile device, we collect certain information automatically, including the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, and your general location information as described further below.
You can configure Dashly to collect consents in popups and chat to collecting email address, phone numbers or additional personal data.
We may provide you with the opportunity to “opt-out” of having your personal information used for certain purposes when we ask for this information. If you decide to opt-out, we may not be able to provide certain features of the Offerings to you.
To opt-out you need to email us at firstname.lastname@example.org
Per Article 32 of the GDPR, we have in place appropriate technical and organizational measures to keep your data secure. All data is securely stored in Google Services.
We have processes in place to honor data subject requests. Dashly will export, correct, or delete Contact Data upon request by the Customer.
If you believe we do not have the right to process your data or you object to our processing for a particular purpose, or if you want us to erase your Personal data altogether, please email us at email@example.com
All personal data we collected will be erased and we won’t be able to provide our services to you.
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included on such communications or on the Offerings or by emailing us at firstname.lastname@example.org
Only persons who are age 18 or older have permission to access our Services. Our Services are not intended to be used by anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.
You can subscribe for 1 month. We charge an advanced payment in the beginning of the period. The subscription cost depends on selected subscription and add-ons.
A unique visitor is a site visitor or a lead uploaded via API with certain parameters: cookies, browser, OS and other properties or events. Unique visitors will be considered in quota if they were active in your payment period.
he will be considered as a unique visitor.
If you didn't exceed your quota, the rest of it won't be transferred to the next period.
Our website is connected to the internet acquiring that allows you to pay with Visa or Mastercard. When you decide to pay for the subscription, a protected window of CloudPayments processing service will be opened. Enter your credit card data there. For additional authentification of the cardholder 3D secure protocol is used. If your bank supports this technology, you will be redirected to its server for additional identification. Ask your Bank for detailed information about the rules and methods of additional identification.
CloudPayments processing center protects and processes your credit card information according to the PLC DSS 3.0 protection standard. Data transfer to a payment gateaway occurs with the SSL encryption technology. Further data transfer is processed through a closed bank network with the highest level of reliability. CloudPayments does not forward the credit card data to us or third-parties. For additional authentification, 3D Secure protocol is used. If you have questions about the payment made, please contact CloudPayments support team.
When the quota of unique visitors is exceeded (which is determined by your subscription), each unique visitor beyond limit will be charged with additional fee. Overrun total will be deducted in the end of your payment period.
When you exceed your email quota (which is determined by your subscription), emails beyond limit will be charged in amount of $0.03 per 1 email. Overrun total will be deducted in the end of your payment period. Overrun total will be deducted in the end of your payment period. You will receive email notification, when your quota will be close to 90, 100 and 150%.