Terms of Service
Last Updated: Sep 20, 2023
Subject to these Terms of Service (this "Agreement"), Individual Entrepreneur Dmitrii Zhifarskii (the "Company", "we", "us" and/or "our") provides access to our website https://dcm.dev (the "Website") and any applications, software, products, and services provided by us (collectively, the “Service(s)”). By using or accessing the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement.
If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "you" shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.
1. Age and eligibility
You certify that you are a person at least 16 years of age. Services may only be used or accessed through an electronic device controlled of you at all times. By accessing or using the Service, you represent and warrant that you are 16 or older.
Definition. Defined in the preamble.
Changes. We reserve the right to change the terms or specifications of any Services in our discretion, with or without prior written notice to you, by replacement of text of this Agreement or description of paid plans on our Website or by written notice to you. Any changes will take effect immediately unless otherwise stated in the notice of change. If any amendment is unacceptable to you, your only recourse is to terminate relations with the Company. Your continued use of the Services following our notice of change will constitute a binding acceptance of this Agreement, as amended.
Additional Services. Unless explicitly stated otherwise, any new features that augment or enhance the currently offered Services, including the release of new services, shall be subject to this Agreement.
3. License to use the services
Subject to these Terms and any applicable payment, the Company grants you a revocable, non-transferable, non-sublicensable, non-exclusive, limited license to access and use the Services for your own use (which includes the use by your employees and/or consultants (collectively, “Personnel”)). Except for the foregoing license grant, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in the Services, ownership of which is retained by the Company.
If you violate any of the foregoing prohibitions, the Company may, in its sole discretion, immediately suspend or terminate your access to the Services without further liability or obligation to you. The foregoing does not in any way limit our right to suspend or terminate your access to the Services without or without notice for any reason.
Service Fees. With respect to paid Services, you will be charged the fees set forth in the “Pricing” section on the Website or as otherwise offered on the Website for a particular plan (the “Fees”). Currently, we offer four different plans, which offers different/enhanced functionalities: (A) Individuals Plan, (B) Teams Plan, and (C) Enterprise Plan. The Fees, unless explicitly shown during the process of purchasing a plan and following confirmation thereof, are exclusive of value added tax and any additional or other taxes, charges or duties which may be imposed in connection with any and all payments made or due hereunder and shall, if applicable, be borne, respectively registered and duly declared by you.
Change in Fees. We may change the Fees and/or introduce new charges in addition to the Fees in our sole discretion.
Changes in Plans. We may change the Plans; add additional Plans; add or reduce functionalities applicable to a specific subscription plan in our sole discretion.
Refund policy. Except when required by law or indicated otherwise in this Agreement, all Fees are non-refundable.
5. Free trials
We may make available trial and other promotional offers (“Promotional Offer”) for the limited use of the Services to you. We reserve the right to revoke or change any Promotional Offer at any time in its sole discretion.
6. Intellectual property
Company Ownership. The Company shall own and retain all right, title and interest in and to (a) the Services, all improvements, enhancements or modifications thereto and (b) all intellectual property rights related to any of the foregoing.
Feedback. To the extent you or any of your users provide any suggestions to the Company regarding the functioning, features, and other characteristics of the Services, documentation, or other material or services provided or made available by the Company ("Feedback"), you hereby grant the Company a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up, fully transferable, worldwide license (with rights to sublicense through multiple tiers of sublicenses) under all of your intellectual property rights, for the Company to use and exploit in any manner and for any purpose.
Aggregate Data. The Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (excluding Your Data and data derived therefrom), and the Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other the Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
Customer Name. During the term of this Agreement, you grant the Company a non-exclusive, royalty-free, fully-paid up license to use and reproduce your trademarks, tradenames and logos in the Company's marketing materials and website(s) and to indicate that you are a the Company customer. The Company will abide by any written trademark usage guidelines provided by you. All goodwill arising out of the use of your trademarks, tradenames and logos shall inure to your benefit. To decline the Company this license you need to email [email protected] stating that you do not wish to be used as a reference.
7. Warranty disclaimer & limitation of liability
Disclaimer. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY (AND ITS SUPPLIERS AND LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND LICENSORS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (OR ITS SUPPLIERS AND LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR USE OF THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Termination Right. Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your account) at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of your rights under this Agreement, your right to access and use the Services will terminate immediately. The Company will not have any liability whatsoever to you for any termination of your rights under this Agreement. You may terminate this Agreement for convenience at any time by providing us with your written notice of termination. In the event of such termination for convenience, any prepaid and unused fees shall remain non-refundable.
Effect of Termination. Upon termination of this Agreement, your rights with respect to the use of Website or Services shall terminate immediately. Any Service Data that is retained within the Services will be immediately deleted and you agree that it is your responsibility to take appropriate measures to retain backup copies of the Service Data prior to termination or expiration of the applicable Subscription Service period or this Agreement.
Survival. Upon any termination of this Agreement for any reason, all provisions regarding indemnification, warranty, liability and limits thereon, and confidentiality and protection of proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.
You agree to defend, indemnify and hold harmless the Company, its suppliers, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of this Agreement; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services.
10. Modification of Terms of Service
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these Terms of Service periodically for changes. Your continued use of the Service following the posting of changes to these Terms of Service will mean you accept those changes.
12. Contact Us
We may be reached by e-mail at [email protected].