Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms.
These Terms and Conditions (“Terms“, “Terms and Conditions“) govern the relationship between the dispodyne.com website and its products ("Company", “Service“, “Services“, “Dispodyne“, “Provider“, “us“, “we“, or “our“) and the user and payer of the Services (“User”, “Customer”, “Client”, or “you”).
Provider may, at its sole discretion, offer a free account containing demo data for a limited period of time ("Free Demo"). To qualify for a free demo, Customer may be asked to provide the Provider details about Customer's organization, including organization name, work contact details and/or further details describing demand planning and logistical use cases and needs of the Customer.
Provider may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. At any time and without notice, Provider reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
As the software is currently in beat testing. Beta version is provided on an “as is” basis without warranty of any kind, whether express or implied, including without limitation, the implied warranties of merchantability, non-infringement, accuracy, completeness, performance and fitness for a particular purpose. Beta version may contain bugs, errors, may not work properly and contain other problems. Notwithstanding anything to the contrary, Provider shall not be responsible for any indirect, exemplary, incidental, special, or consequential damages, for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business.
The Service is accessed with an account consisting of a username and password. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
As deemed necessary by Provider, before starting Customer's paid usage of the Service, Customer might be required to sign a contract ("Written contract") specifying detailed fees, integration requirements and other factors. Conditions, requirements, and terms of the Written contract will supersede and override any claims presented in these Terms.
The Services are provided to Customer as a paid service with a custom minimum contract duration ("Minimum contract duration"). You will be billed on a recurring and periodic basis (“Billing Cycle“). Billing fee amounts ("Billing fees") are set monthly. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it, if your Minimum contract duration has been exceeded, or Provider cancels it. Minimum contract duration is determined by Provider and communicated to Customer before the first Billing Cycle based on Customer's data set size, integration requirements, custom agreements between Provider and Customer and other factors.
Billing fees are determined on an ad-hoc basic and are communication to the Customer before the first Billing Cycle. The Billing fee amount is dependent on a selection of features and detailed in the pricing section.
Provider, in its sole discretion and at any time, may modify the Billing fees. Billing fee change will become effective at the end of the then-current Billing Cycle. Provider will provide you with a reasonable prior notice of any change in Billing fees to give you an opportunity to terminate the Service before such change becomes effective. Your continued use of the Service after the Billing fee change comes into effect constitutes your agreement to pay the modified Billing fee amount.
not use the Service for any unlawful purpose or for the promotion of illegal activities;
not use the Service to attempt to, or harass, abuse or harm another person or group;
not use another user’s account without permission;
not use the Service in any manner that violates the rights of any person, including but not limited to intellectual property rights, rights of privacy or rights of publicity; publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device; submit competitor monitoring links which point to illegal internet content or web pages.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Provider. Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Provider 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 web sites or services.
Rights to Use Logo
Customer grants Provider the right to use Customer's store name, company name and logos in Provider's customer lists and on Provider's public websites.
Any data provided by the Customer in connection with this Agreement is stored according to the most common and reasonable measures of security and will not be used by Provider except as required to provide the Service. Customer is solely responsible for all Customer Data. Provider is not responsible for the quality and accuracy of Customer Data. Customer shall own all right, title and interest in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to Provider as part of the Services. Customer retains ownership of all Customer Data and grants to Provider a limited, non-exclusive, non-transferable right to use, transmit and distribute the Customer Data in order to provide the Service to Customer. Provider may use Customer Data for Service improvements, statistics and analytics activities, during and after the term thereof, in its discretion so long as any disclosed data does not identify Customer.
Customer can terminate the Terms by disabling the automatic renewal on his account or with written notice that must be given at least 15 days prior to the next billing period, unless specified in a dedicated business proposal. No further cause is required for termination. However, in any case Provider shall not be held to refund the Customer any service fee that has already been paid.
Provider may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services, documentation or data related to the Services; modify, translate, or create derivative works based on the Services (except to the extent expressly permitted by Provider); or remove any proprietary notices or labels.
Provider shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Provider or by third-party providers, or because of other causes beyond Provider’s reasonable control, but Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, Provider does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, PROVIDER AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND PROVIDER’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO PROVIDER FOR THE SERVICES UNDER THIS AGREEMENT IN THE 1 MONTH PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer hereby agrees to indemnify and hold harmless Provider against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from your use of Services. Although Provider has no obligation to monitor your use of the Services, Provider may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of these Terms.
Last update: Jan 28, 2021