geNERAL TERMS AND CONDITIONS
1.1. “Applicable Law” means any legally binding obligation on a party, including statutes, rules, regulations, codes, court rulings, or any other binding requirement.
1.2. “Claim” means any claim, action, suit, dispute, or proceeding.
1.3. “Dashmote”, “we”, “us”, or “our” means either Dashmote B.V. or any other Dashmote group company.
1.4. “Dashmote Data” means any data in Dashmote’s database that Dashmote uses in the Software, including the sample data.
1.5. “Software” means the software, dashboard, application, or other content that the Trial User is given access to under this Trial.
1.6 “Trial Period” shall be 14 days from the date that access if first granted, subject to earlier termination in accordance with these T&Cs.
1.7. “Trial User” means the individual user who has signed up for Dashmote’s trial subscription and has been given limited access.
1.8. “T&C” shall mean these terms and conditions.
1.9. Any other capitalized word used but not herein defined shall have the meaning provided in the relevant Proposal.
2. THE TRIAL PERIOD
2.1. The Trial: These T&Cs set out the general terms of your trial usage of Dashmote’s Software. The trial period will last for 14 days only from the date first granted, and will allow the Trial User to have limited access to the Software subject to these T&Cs. At the conclusion of the Trial Period, Dashmote will automatically terminate access to the Software unless a separate subscription has been agreed by the Parties.
2.4. Right to Cancel or Alter: Dashmote reserves the right to remove or cancel the Trial Period or to change the features of the free trial at any time.
3. USE OF SERVICES
3.1. Responsibility: The Trial User is responsible for its compliance with these T&Cs. Trial User will not: (i) knowingly display, distribute, or otherwise make Dashmote Data available to any person or entity that it reasonably believes may use Dashmote Data in a manner that would have the potential to be inconsistent with an individual’s reasonable expectations of privacy; (ii) conduct any research or analysis that isolates a small group of individuals or any single individual for unlawful or discriminatory purposes; or (iii) use Dashmote Data to target, segment, or profile any individual based on health, negative financial status or condition, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, sex life or sexual orientation, trade union membership, data relating to any alleged or actual commission of a crime, or any other sensitive categories of personal information prohibited by Applicable Law.
3.2. Restrictions: Trial User will not: (i) sell, resell, license, sublicense, distribute, or otherwise make the Software (including any Dashmote Data derived therefrom) available to third parties; (ii) subject to Applicable Law, attempt to reverse-compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form any part of the Software; (iii) use the Software or any Dashmote Data to violate Applicable Law, including Applicable Law about data protection, privacy, or information security; or (iv) purposefully interfere with or disrupt the performance of the Services, including spamming, hacking, and violating Dashmote’s Software.
3.3. Password protection and User Credentials: The Trial User is offered limited access to the Software which shall be personal to the individual who signs up for the Trial. The Trial User shall create a secret log-in code which is personal and non-transferable. The Trial User agrees that it will take all reasonable measures to prevent the login code from becoming known to unauthorized persons and that it will immediately notify Dashmote if it discovers any form of unauthorized use of the login codes or any other security breach related to the Software.
4. INTELLECTUAL PROPERTY AND DATA
4.1. Intellectual property rights: Dashmote owns all intellectual property rights in the Software (including, but not limited to, proprietary software and computer operations, all code, inventions, algorithms and business concepts) and the Dashmote Data. The Client acknowledges these rights and will refrain from infringing them in any way or attempting to reverse engineer Dashmote’s intellectual property on the basis of the information provided.
4.2. Trial User License: In connection with the Trial, the Trial User is provided a limited, non-exclusive license revocable at any time at Dashmote’s sole discretion for any reason or no reason at all.
4.3. User feedback: Dashmote may, and Client grants Dashmote the right to, irrevocably reproduce, distribute, sell, incorporate into the Software, or otherwise exploit any suggestion, enhancement request, recommendation, correction, or other feedback (“Feedback”) that the Trial User provides related to the use of the Software.
4.4. During the Trial, the Software will be populated with sample data. Dashmote makes no representations as to the accuracy of such data. Furthermore, the Trial User may have the option to download a portion of the Dashmote Data and agrees that at the termination of the Trial Period, it shall destroy any copies of the Dashmote Data then it its possession.
5. EXCLUSIONS & LIMITATIONS OF LIABILITY
5.1. TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, DASHMOTE (A) DISCLAIMS ALL IMPLIED WARANTIES AND REPRESENTATIONS, (B) DOES NOT GUARANTEE THAT THE SOFTWARE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDES THAT THE SOFTWARE (INCLUDING THE CONTENT AND DASHMOTE DATA) ON AN “AS IS” BASIS.
BY USING THE SERVICES, THE TRIAL USER EXPRESSLY AGREES THAT THEIR USE OF, OR INABILITY TO USE, THE SOFTWARE IS AT THEIR SOLE RISK. IN NO CASE, INCLUDING WITHOUT LIMITATION, CLAIMS ARISING FROM DASHMOTE’S NEGLIGENCE, SHALL DASHMOTE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE TRIAL USER’S USE OF THE SOFTWARE OR FOR ANY OTHER CLAIM RELATED TO SUCH USE, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES.
6.1. Rules of interpretation: The words “include” and “including” are deemed to have the words “without limitation” following them; and references to “will” are to be construed as having the same meaning as “shall”.
6.2. Publicity: Neither party will publicly disclose the relationship between the parties without the other party’s prior written consent.
6.3. Invalidity: If any term of these T&Cs is found invalid, illegal or unenforceable, the rest of the agreement remains in effect and the parties shall amend that provision in such a reasonable manner as achieves the intention of the parties without illegality.
6.4. No waiver: Either party’s delay or failure to enforce a term of these T&Cs is not a waiver of that right and does not prevent that party from later enforcing that term or any other term.
6.5. Governing law, jurisdiction, and dispute resolution: These T&Cs and rights of the parties thereunder shall be governed and construed in accordance with the laws of the Netherlands including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. All claims and disputes arising under or relating to these T&Cs are to be settled by binding arbitration. The arbitration shall be conducted by the Netherlands Arbitration Institute (“NAI”) and the parties shall be bound by any and all rules of NAI and any award/decision rendered. The place of arbitration shall be Amsterdam, and the proceedings shall be conducted in English. An award of arbitration may be confirmed in a court of competent jurisdiction.
If you have any questions or concerns regarding this privacy statement and/or the processing of personal data by Dashmote, please contact us via:
Dashmote, Rokin 86 1012 KX Amsterdam, the Netherlands
+31 (20) 894 3339
This privacy statement was last updated on 29 August 2019.