Terms and Conditions

Definitions

Service

refers to Dilypse International - software, -applications, -websites

We, Our, Us

refers to Dilypse International

Customer

refers to the company or organization which is responsible for the business relationship with Dilypse International.

User

refers to people with user credentials registered in the Service with permission to access the Customer’s Account.

Licenses

refers to the number of Users that are possible to create on the Customer’s Account.

User Credentials, User Login

refers to username and password used to log in to Customer’s Account

Content, Data

refers to all of the content (such as job information, customers, contacts, photos, notes, documents, application data) that is uploaded, posted, transmitted, stored or otherwise made accessible in the Service by the User.

Requirements for Use of the Service

To use the Service you need to be at least 18 years old and authorized to enter into agreements on behalf of the Customer and agree to be bound by these Terms.

You agree to use the Service only in accordance with the conditions set out in this agreement, any applicable laws, ordinances, regulations or generally accepted practices or guidelines. Each User will be responsible for all activity that results from its use of the Service.

You ensure that all Content stored, uploaded or published on the Service

• comply with applicable laws and regulations regarding content and communication including but not limited to laws and regulations regarding the transfer of personal information.
• does not conflict with good ethics, or otherwise may be perceived as discriminatory, offensive, obscene or indecent.

Subscription is required for use of the Service and you are responsible for the Service being paid under the terms of this agreement.

The User credentials are personal and may not be shared by several people i.e several people can’t log in to the Account using the same username and password.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS

The Account and User Credentials

By creating an Account, you get access to the Service through a unique User Login. Through your Account you can assign more people access to the Service by purchasing additional licenses.

You are responsible for keeping your username, password, and other information such as e-mail, phone number, contact, billing address, and all other information required in connection with your use of the Service confidential and up to date. If a password might be compromised, revealed or lost, you are required to immediately change the password, the same applies to all Users on your Account.

You are responsible for maintaining the security and confidentiality of your Account and for all activities that occur on or through your Account. Upon the occurrence or suspicion of possible security breaches, you are required to promptly notify Dilypse International.

Subscription

The subscription is valid from the date you order a Subscription through the Service with the subscription period of your choice (monthly or annually). The current subscription period is specified on the invoice.

The subscription is continuous by nature, and at the end of one subscription period another period of the same duration with the same features will begin unless previously terminated or changed by the Customer.

Fees and Payment Terms

• Subscription fee is charged in advance and payment must be made from the date of invoice. The fee is non-refundable.
• When upgrading your Account during the current subscription period (for example from 5 Licenses to 10 Licenses and / or buying an Integration) you will be charged from the first day of the month for such an upgrade.
• If a customer exceeds the allowable limit of 1000 text messages per month, a fee of $0.05/text message exceeding the limit will be charged at the end of the month.
• Any objections to the invoice must be received within 10 days of the invoice date, otherwise the invoice is considered acceptable.
• You agree to the use of e-mail or another electronic method of transmission as the medium for sending invoices and reminders.
• All fees are subject to change by Dilypse International. Price changes may be communicated via the Service and / or via email.
• All Fees are exclusive of all taxes and the Customer indemnifies and holds Dilypse International harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
  

Non-Payment

If the invoice is not paid after the first reminder you will be charged a reminder fee. If payment is not made within 30 days of the invoice due date, the Customer’s Account will be shut down until the full payment is received. After 60 days of the invoice due date all Content related to the Customer’s account will be deleted.

Change and Availability of the Service

Dilypse International reserves the right at any time and from time to time, with or without notice and liability, add, discontinue or revise any aspect, mode or design of the Service which include but not limited to the scope of Service, time of Service, or to the software/hardware required for access to the Service.

In order to continue using the Service, the latest version of the Service and compatible devices may be required for certain features. You agree that meeting these requirements is your responsibility.

The Service is normally available 24/7. Dilypse International reserves the right to from time to time restrict the use of the Service due to necessary technical improvement or maintenance work. We will work to ensure that these interruptions are as short and few as possible.

Technical Support

Technical and customer support is provided via e-mail on support@dilypse.com

You agree that the Dilypse International support team may access your Account from time to time in order to diagnose and fix any problems.

Cancellation of Account

Your subscription time period is 12 months from the beginning of your subscription. Cancellation shall be in writing and there is no refund of the prepaid fee. 30 days notice is required to terminate a subscription payable monthly. For a subscription payable annually, cancellation can only be done when the subscription expires. No refund can be made.

Non-payment of the invoice is not considered as Cancellation.

Send an email to hello@dilypse.com before the current subscription period expires and your Account will be deactivated upon the next subscription period and under the conditions listed above.

Dilypse International reserves the right to suspend or cancel any Customers Account in its sole discretion.

Your Data will not be deleted from the Service upon cancellation of your Account. This Content can be recovered upon your account being reactivated within 30 days from the day of the cancellation. Dilypse International is, however, not liable for any loss or damage following, or as a result of, cancellation of your account. Within a year, you can reactivate your account for a fee of $ 300.

Personal and Company Details



Dilypse International will only use your personal and business details to send information and offers from Us with partners. You may at any time notify Us that you do not wish to receive offers. Customer agrees and approves that Dilypse International store customer details in accordance with our Privacy Policy

Limitation of Liability and Indemnity

You expressly understand and agree that Dilypse International and its affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Dilypse International has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

This limitation of liability does not apply if Dilypse International acted with gross negligence or damage caused by a willful act.

You agree to indemnify and hold Dilypse International and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless Dilypse International from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.

Any compensation can never be greater than the amount of fees paid for the Service during the last twelve months.

Disclaimers

Dilypse International follows best practice guidelines and procedures to prevent loss of Data but can’t make any guarantees that there will be no loss of Data however caused.

Dilypse International makes no warranty that the service is error-free or uninterrupted and that any errors will be corrected. You agree that from time to time Dilypse International may remove the Service for indefinite periods of time.

Dilypse International does not guarantee that the service will meet User’s requirements, work properly with your choice of equipment, systems and settings, without interruption or without error.

Dilypse International does not control the flow of information to and from Dilypse International and other parts of the Internet. Such flow of information depends on the outcome of the Internet services provided or controlled by third parties. Sometimes, actions or inaction of any third party impair or interfere with the User’s connection to the Internet (or portions thereof). Dilypse International has taken the necessary technical and security measures deemed appropriate to remedy and avoid such events, but we can’t guarantee that interruptions will not occur. Dilypse International will not be held accountable for the performance or non-performance of Internet services.

Intellectual Property

All content and software available on the Service or used to create and operate the Service, with the exception of Data uploaded by the Users, are owned by Dilypse International and its licensors. Dilypse International has full ownership and copyright to the Service and software in current and future versions. These rights are protected by Canada and international law. The Customer and Users are granted a limited, revocable, non-exclusive and non-transferable license to use the Service in accordance with these Terms. This also applies to the documentation relating to the Service, both printed and electronic. No portion of the Service may be reproduced in any form or by any means.

Amendment to the Terms and Conditions

Dilypse International reserves the right to amend and update these Terms at its sole discretion.

Changes shall be effective immediately upon notice to the Customer by email or posted on the website, www.dilypse.com. You are advised to check the website regularly to keep updated on any changes to these Terms

Continued use of the Service after changes or modifications to the Terms and Conditions constitutes the User’s acceptance of such updated Terms.

Transfer

Customer’s rights and obligations in connection with the use of the Service and under this Agreement may not be transferred to a third party without Dilypse international’s written consent.

Dilypse International reserves the right to fully or partially transfer its rights and obligations under these Terms to a third party. Dilypse International is also entitled to engage subcontractors for the performance of its obligations under these Terms.

Force Majeure

Neither Party will be liable for any failure to perform or delay in performance of its obligations (other than a payment obligation) under this Agreement to the extent that such performance is delayed or rendered impossible by labor disputes, fire, flood, general interruptions or disruptions of power supply or telecommunications, governmental acts or orders or restrictions, or act of God, or other understood Force Majeure where failure to perform is beyond the control of the non-performing Party.

Governing Laws, Waiver and Severability of Terms

These Terms and Conditions and the relationship between the Customer and Dilypse International shall be construed, governed and enforced in accordance with the laws of Canada.

All Users will submit to the exclusive jurisdiction of the Canada courts for any matter or dispute arising in relation to these Terms and any use of the Service.

The failure of Dilypse International to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Other

These Terms and Conditions become effective on April 15, 2019 and supersede all previous terms and conditions.