IMPORTANT NOTE: DAI does not monitor data transmitted, uploaded, displayed, exchanged or stored on the Site, except: (i) as needed to provide, support or improve the Site (ii) investigate a potential or suspected fraud, (iii) where instructed or permitted by you, or (iv) as otherwise required by law or to exercise or protect DAI’s legal rights. DAI makes no claim to the data nor will it sell the data to any third party. You are solely responsible for the accuracy and reliability of the data and your use of the Site. DAI does not endorse nor does it have any control over what you submit. DAI does not guarantee the accuracy of any data provided by you. If you are uncertain about your rights, you should contact your legal advisor.
Content. All text, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to DAI, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Your Use of the Site. You will not and you will not allow any third party to clone, decompile, reverse engineer, disassemble or modify the Site or any part thereof or use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. DAI reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any DAI server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of the Site, or any other customer of DAI, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or DAI’s systems or networks, or any systems or networks connected to the Site or to DAI.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You agree to indemnify DAI from any of your misuse of the Site or violation of these
BETA Copies: If the Site provided to you is labeled Beta, you agree some or all of the App and/or Site: (a) has not been commercially released and may not operate properly, be in final form or fully functional; (b) may contain errors, design flaws or other problems; (c) may not be possible to make the App or Site fully functional; (d) the information obtained using the Beta App or Site may not be accurate and may not accurately correspond to information extracted from any database or other source; (e) use of the App or Site may result in unexpected results, loss of data or communications, project delays or other unpredictable damage or loss; (f) DAI is under no obligation to release a commercial version; and (g) DAI has the unilateral right to abandon development of the Beta App or Site at any time and without any obligation or liability to you.
Payment Terms. At the end of the applicable fee period, DAI will issue an invoice to you for all charges accrued, electronically or otherwise. You will be responsible for all fees set out and will pay all fees in the currency set forth in the invoice. Your obligation to pay all fees is non-cancellable. All fees and prices are exclusive of all taxes and other charges, including but not limited to, shipping, handling, insurance, sales, use, value-added or other similar taxes, duties or assessments and all fees are non-refundable. Fees are payable monthly unless otherwise directed by DAI. If required under applicable law, you will provide DAI with applicable tax identification information that DAI may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. You will be liable to pay (or reimburse DAI for) any taxes, interest, penalties or fines arising out of any misdeclaration by you. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by DAI in collecting such delinquent amounts. If you are late on payment DAI may suspend or terminate your access to the Site or any part thereof.
Publicity. You are permitted to state publicly that you are a customer of the Site and/or DAI. If you want to display DAI brand features in connection with your use of the Site, you must obtain written permission from DAI. DAI may include your name or brand features in a list of DAI customers, online or in promotional materials. DAI may also verbally reference you as a customer of the App and/or Site. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s brand features will inure to the benefit of the party holding intellectual property rights to those brand features. A party may revoke the other party’s right to use its brand features with written notice to the other party and a reasonable period to stop the use.
Limited Warranty. The App and Site will generally comply with its published specifications, if it does not, DAI may, at its option, and provided it determines the App was not subject to any misuse: (i) repair or replace the App within a reasonable time period, or (ii) refund the fees for the period in which the App did not generally work. This is your sole remedy for breach of warranty and cannot be used with any other relief mechanisms. In order to receive this remedy you must promptly notify DAI of a breach of warranty.
Disclaimer of Warranties.
(a) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP, THE SITE, OR ANY PART THEREOF IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND SITE ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DAI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND/OR SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DAI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP AND/OR SITE, THAT THE FUNCTIONS CONTAINED IN THE APP OR SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DAI OR A DAI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
(b) YOU AGREE NOT TO USE THE APP OR SITE IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY OR BUSINESS COULD OCCUR FROM A SOFTWARE ERROR OR WITHOUT ANY REQUIRED AUTHORIZATION. (c) DAI RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE SITE, OR ANY PORTION OF THE SITE, FOR ANY REASON; (2) TO MODIFY OR CHANGE THE SITE, OR ANY PORTION OF THE SITE, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) TO INTERRUPT THE OPERATION OF THE SITE, OR ANY PORTION OF THE SITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DAI BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP AND/OR SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall DAI’s total liability to you for all damages (other than as may be required by applicable law) exceed $100.00 CAD. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
These Limitations to Liability do not apply to your payment obligations, any breach of DAI’s intellectual property rights or any indemnification obligations. Duty to Backup Data. IT IS YOUR RESPONSIBILITY TO MAINTAIN PERIODIC BACKUP COPIES OF ALL DATA AND PROGRAMS USED IN CONJUNCTION WITH THE APP AND/OR THE SITE TO PREVENT CATASTROPHIC LOSS.
Indemnity. You agree to indemnify and hold DAI, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against DAI by any third party due to or arising out of or in connection with your use of the Site.
Export Law Assurances. You may not use or otherwise export or re-export the DAI App except as authorized by applicable law and the laws of the jurisdiction in which the App/Site was obtained. By using the App and/or Site or any part thereof, you or a national or resident of any unauthorized country and that you will not directly or indirectly violate any such law, treaty or regulation and you hereby indemnify DAI from any such violation.
DAI works within the data security protocols of Salesforce.com® or any of its other platforms as well as within the internal security protocols of your email server. DAI makes no representations or warranties about any such systems nor shall DAI be liable for any damages arising from your or any third party databases or servers. You hereby warrant that you have authorized access to Salesforce.com® and your company email server and you are accessing the App and or Site after obtaining any and all required company and third party permissions. You will indemnify DAI from any causes of actions, judgments, costs, claims, etc. related to your failure to properly obtain any such approvals.
Notices. Any notice required or permitted by this Agreement must be in writing in English and delivered by certified or registered mail, return receipt requested, postage prepaid or by electronic mail and addressed to 147 Liberty Street Toronto, ON, M6K 3G3, Attention: Minh Doan, CEO, email@example.com.