Doplac Terms Of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY AND AFFILIATE AGREEMENT (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND DOPLAC, LLC AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “DOPLAC,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH DOPLAC RELATED TO THE PLATFORM.

ONLY THE TERMS IN THIS RIGHT COLUMN ARE LEGALLY BINDING. THE EXPLANATIONS IN THE COLUMN TO THE LEFT ARE FOR INFORMATIONAL PURPOSES ONLY AND NON-BINDING.

Doplac reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

2. Modifications of Terms

Doplac reserves the right, at its sole discretion, to change, modify, add, or remove any portions of the Terms from time to time. Notification of such modifications may be posted on or through the Platform or the Doplac Services. User’s continued use of the Doplac Services constitutes its acceptance of these Terms and any modifications as they arise.

3. Use of Platform

  • Age Restrictions
  • You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

  • Platform Account Ownership
  • Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.

  • Intended Use
  • You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that:
    (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms;
    (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Platform;
    (iii) You are fully responsible for the use of the Platform by your customers;
    (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services;
    (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform;
    (vi) You own or control all rights in and to all content you provide to Doplac, including, but not limited to, any code provided to customize the Platform for your customers;
    (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and
    (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider

  • Privacy
  • By using the Platform and providing Information on or through the Platform, you consent to Doplac’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that Doplac has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by Doplac. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

  • Login Credentials
  • You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Doplac immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. Doplac reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Doplac’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.

  • Use of Communication Services
  • The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. Doplac is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. Doplac is a technology platform communication service application provider ONLY. Doplac does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction.

  • Third Party Content
  • The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of Doplac. Doplac is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.

  • Customizations
  • Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers’ customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. Doplac may remove any of your modifications at any time without advance notice and without liability to you.

  • Excessive Use Restrictions
  • We provide access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in Doplac’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if Doplac’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.

  • Platform Updates
  • Doplac reserves the right to make updates or changes to the Platform at anytime, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on Doplac delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any third-party services.

    4. Doplac Services

  • Age Restrictions
  • Subject to these Terms and any applicable Supplemental Terms, and the payment of the applicable Fee, Doplac grants Users and its Users a non-exclusive, non-transferable, non-sublicensable license to use the Doplac Services to:

    1.

    collect, store and organize User Data;

    2.

    modify and delete User Data; and

    3.

    customize the standard Features or functionality of the Doplac Services.

  • Modifications to Doplac Services
  • Doplac reserves the right to modify the Doplac Services or any part or element thereof from time to time without prior notice, including, without limitation:

    1.

    rebranding, repackaging or repricing (including any adjustments to current Fees which will be applicable at the next Plan renewal date) the Doplac Services at its sole discretion;

    2.

    ceasing providing or discontinuing the development of any particular Doplac Service, Feature or part or element of the Platform, temporarily or permanently;

    3.

    taking such action as is necessary to preserve Doplac’s rights upon any use of the Doplac Services that may be reasonably interpreted as violation of Doplac’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, and other destructive activities or illegal activity.

    As applicable, User may be notified of such modifications when logging in to the Account.

    If the User does not accept a modification, User shall notify Doplac before the effective date of the modification, and User’s Account will terminate on the effective date of the modification. However, User’s continued use of the Doplac Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. Doplac shall not be liable to the User for any modification, suspension or discontinuance of the Doplac Services, or any part or element thereof.

    5. Prohibited Uses

    If the User does not accept a modification, User shall notify Doplac before the effective date of the modification, and User’s Account will terminate on the effective date of the modification. However, User’s continued use of the Doplac Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. Doplac shall not be liable to the User for any modification, suspension or discontinuance of the Doplac Services, or any part or element thereof.

  • Use of the Platform in any way that violates any applicable law or regulation.
  • Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
  • Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
  • Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform
  • Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform
  • Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
  • Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Doplac’s prior written consent.
  • Use of any device, software or routine that interferes with the proper working of the Platform.
  • Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.
  • Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempting to interfere with the proper working of the Platform.
  • 6. Free Trial

    If you register for a free trial of one or more Services, Doplac will make the applicable Services available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period of the applicable Services (unless terminated earlier by you), (ii) the start date of the paid subscription period for the applicable Services, or (iii) termination by Doplac in its sole discretion. Any data that you enter into the Services, and any customizations made to the Services during the free trial will be permanently lost unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase applicable Service upgrades, or (iii) export such data before the end of the trial period. Notwithstanding anything contained in this Section, Services are offered as-is during the free trial, without any warranty, covenant, support or liability whatsoever, to the extent permitted by law.

    At any time and without notice, Doplac reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

    7. Payment

  • Fees
  • The use of the Doplac Services, which is not via a Free Trial, is subject to a Fee. Upon sign-up of an Account, user must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on a monthly, or annual basis. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file. Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.

    User authorizes Doplac to automatically charge Client the applicable Fees on or after the Renewal Date unless the Plan has been terminated or canceled in accordance with these Terms. Users may cancel their Plan anytime as outlined below, however must do so prior to the Renewal Date in order to avoid billing of the next Plan Term’s Fees. If user chooses to cancel its Plan during the Plan Term, user may use the Service until the end of User’s then-current Plan Term, but will not be issued a refund for the most recently (or any previously) charged Fees. All Fees are non-refundable. For purposes of clarity, there are no refunds or credits for periods where the Client did not use an activated Account, used it only partially, deactivated the Account or terminated these Terms during an ongoing payment interval, or where an Account is terminated or suspended by Doplac.

    In the event the user does not pay all Fees due within 29 days of invoice date, Doplac will suspend all access to the User Account. User will have 180 days to provide an authorized payment method to reactivate a subscription and their Account, otherwise Doplac has the right to permanently delete the Account, including all Client Data therein.

  • No Refunds or Credits
  • Except as described below, all Fees assessed by Doplac are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. Doplac does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. If you sign up for a paid subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, Doplac reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and Doplac’s determination of if and when to issue or deny a refund or credit is final.

  • Taxes
  • All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. Client is solely responsible for the payment of such taxes, levies or duties

  • Changing Plans
  • User may upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by the Doplac. In such an event, the User’s card on file with the Doplac will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan. If the User elects to upgrade their Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the upgraded Plan. If, after the commencement of a Plan Term, User elects to downgrade their Plan, this may cause the loss of Features, functionality, capacity of the Account, as well as the loss of Users Data. No refund of any prepaid or outstanding Fees will be provided to the User for the price difference between Plans in the event the User elects to downgrade after the commencement of a Plan Term.

  • No Mark Ups
  • You may not mark-up or increase any Doplac Fees that you pass through to Your customers or third parties. You are solely responsible for all pass-through Fees and related expenses, including but not limited to refunds and charge backs of such pass-through Fees. Doplac is not responsible for resolving issues or disputes between You and Your customers regarding pass-through Fees.

  • Payment Card Authorization
  • Doplac Inc. and its Affiliates may seek pre-authorization of User’s payment card account prior to its purchase of Doplac Services in order to verify that the payment card is valid and has the necessary funds or credit available to cover any purchase. User agrees to approve such card pre-authorization and to pay any amounts for a Plan described on the Web Site, and authorizes Doplac to charge all Fees to such card account. User agrees to provide Doplac updated information regarding its payment card account upon Doplac’s request and any time the information earlier provided is no longer valid.

  • Direct Debit Payments
  • If User agrees, Doplac may elect that User complete a bank debit mandate to enable bank debit payments. In such cases, Doplac shall comply with all applicable national rules and regulations related to direct debit payments.

  • Payment Service Providers
  • Doplac uses Stripe to process Client’s bank debit payments. More information on how Stripe processes User’s personal data and Client’s data protection rights, including User’s right to object, is available at stripe.com/privacy.

  • Cancellations
  • You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.

  • Your Responsibility For Financial Transactions
  • You are solely responsible for all financial transactions you and your customers engage in on the Platform or using the Services, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback.

    8. Technical Support

    Doplac shall provide reasonable technical support to Users via the following options as outlined below, as soon as reasonably possible.

    Doplac Community & Knowledge Base - available to all Users

    Chat - available to all Users, via their Doplac Account

    Phone - Users on certain Plans can request a call back from support via their Doplac Account.

    If you are having trouble logging in or don’t have a Doplac Account, you can reach out to us at [email protected].

    9. Doplac Responsibilities

  • Provision of Doplac Services
  • Doplac will (a) make the Doplac Services, Content and User Data available to User pursuant to these Terms, (b) provide support as outlined in Section 7 for the Doplac Services to User at no additional charge, (c) use commercially reasonable efforts to make the Doplac Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Doplac shall give advance electronic notice), and (ii) any unavailability caused by circumstances beyond Doplac’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, pandemic, strike or other labor problem, Internet service provider failure or delay or denial of service attack.

  • Protection of Client Data
  • Doplac will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of User Data. Those safeguards will include, but will not be limited to, measures for preventing unauthorized access, use, modification or disclosure of User Data. Additionally, Doplac shall only access, use, modify or otherwise disclose of User Data: (a) to provide the Doplac Services and prevent or address service or technical problems,

    10. Affiliate Program

    Doplac offers an Affiliate Program under which customers may receive commissions for referring new accounts to Doplac. Your participation in the Affiliate Program is subject to Doplac’s approval and your acceptance of the Affiliate Agreement, a copy of which is available here and is incorporated herein by reference. You must establish a payment account linked to your Doplac account in order to earn and receive commission payouts. Commissions may be forfeited if Doplac is unable to submit payment to your payment account for any reason.

    11. Intellectual Property

  • Platform Content
  • The Platform and Platform Content are the property of Doplac or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contribution(s), as defined below. Doplac grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to You and Your customers. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of Doplac is strictly prohibited.

  • Doplac Marks
  • Doplac Marks are trademarks and services marks of Doplac and may not be used without advance written permission of Doplac, including in connection with any product or service that is not provided by Doplac, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Doplac. You may not remove any Doplac Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform or Platform Content. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners. Third-party websites may feature Doplac Marks, with or without authorization, and such usage of Doplac Marks does not constitute or imply any approval, sponsorship, or endorsement by Doplac.

  • User Contributions
  • User Contributions are considered non-confidential and non-proprietary. You grant Doplac, our service providers and each of their licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for any purpose. You also grant Doplac the right to use Your Information and User Contributions to improve the Platform, develop new services, and/or improve Doplac’s overall product offerings and business model. Doplac is not responsible or liable to any third party for the content or accuracy of any User Contributions, nor do we endorse the User Contribution of third parties. Doplac is not responsible for any failure or delay in removing User Contributions that violate the Terms. Doplac reserves the right to delete or otherwise remove any User Contributions we deem to be in violation of these Terms, with or without notice, at any time, for any reason. You represent and warrant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above; (ii) All of your User Contributions comply with these Terms; and (iii) You understand and acknowledge that you are responsible for the legality, reliability, accuracy and appropriateness of your User Contribution.

  • Prohibited User Contributions
  • You are prohibited from posting User Contributions on the Platform that: (i) Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content; (ii) Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise; (iii) Infringe any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party; or (iv) Breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of the Platform, or attempt to gain access to other networks or servers via your Platform account.

  • Feedback
  • If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and Doplac has no obligation to use the Feedback. You grant Doplac and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to Doplac without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of Doplac or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You represent that the Feedback is your own original work, you have all necessary rights to disclose the Feedback to Doplac, and neither your disclosure of the Feedback nor Doplac’s review and/or use of the Feedback will infringe upon the rights of any other individual or entity. If your Feedback is the subject of a patent that is pending or has been issued, You are required to disclose that fact to Doplac.

  • Feedback Waiver
  • You hereby irrevocably release and forever discharge Doplac from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Doplac with respect to the Feedback, including without limitation how Doplac directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at Doplac’s option and at your sole expense) to defend, indemnify, and hold Doplac harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys' fees, which Doplac may incur as a result of use of the Feedback in accordance with these Terms.

  • Copyright; Digital Millennium Copyright Act.
  • If you believe that Your copyrights have been infringed, or that your intellectual property rights have been otherwise violated by a third party’s use of our Platform, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to [email protected]. (Subject line: “DMCA Takedown Request”).

    12. Disclaimers

    THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. YOU AGREE THAT DOPLAC HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFROMATION OR CONTENT MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.

    WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

    YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE THAT DOPLAC IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.

    DOPLAC MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR THIRD PARTY SERVICES, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY OR THROUGH THIRD PARTY SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY.

    WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.

    SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION

    13. Limitation of Liability, Indemnification, and Mitigation

    Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability.

    IN NO EVENT SHALL DOPLAC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD PARTY SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM.

    FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY SERVICES OR DISRUPTIONS THEREOF, OR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR PLATFORM SERVICES OR CONTENT OR FOR TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

    SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

    You agree to defend, indemnify, and hold Doplac harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) the wrongful use or possession of any Doplac property by you, your employees, agents, or customers; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers; (e) misrepresentations by you, your employees, agents, or customers (f) violation(s) of applicable law by you, your employees, agents, or customers, (g) your actions and the actions of your employees, agents, or customers; (h) the acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services, (i) Taxes and other Fees and/or (j) any disputes between (1) you and other users (2) you and your client(s) and/or (3) your customers.

    If the Platform is found to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use the Platform as contemplated by these Terms; (b) modify or replace the Platform, in whole or in part, to seek to make the Platform non-infringing; or (c) require you to immediately cease any use of the Platform..

    14. Limitation On Time To File Claims

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

    15. Injunctive Relief

    You agree that a breach of these Terms will cause irreparable injury to Doplac for which monetary damages would not be an adequate remedy, and Doplac shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

    16. Waiver And Severability

    You agree that a breach of these Terms will cause irreparable injury to Doplac for which monetary damages would not be an adequate remedy, and Doplac shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

    No waiver by Doplac of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Doplac to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

    If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

    17. Change of Control

    Except as noted below, these Terms constitute the sole and entire agreement between you and Doplac with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of Doplac.

    Doplac may enter into a separate agreement with you. The terms of any separate agreement between you and Doplac will be considered a part of your entire agreement with Doplac. To the extent there is a conflict between these Terms and the terms of your separate agreement with Doplac, your separate agreement with Doplac will control.

    18. Term and Termination

    Except as noted below, these Terms constitute the sole and entire agreement between you and Doplac with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of Doplac.

  • Grounds for Termination
  • You agree that Doplac, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Platform, and reporting you to the proper authorities, if necessary. Doplac reserves the right to delete Platform Accounts that have remained inactive for at least one (1) year.

  • No Right to Services Upon Termination
  • Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. Doplac is not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regards to your Platform access.

  • How to Terminate or Make Adjustments.
  • If you, for any reason, would like to terminate your access to the Platform or make adjustments, Doplac requires written notice at least 30 days before your next billing date.

  • No Termination by Third Party Users
  • Doplac has limited access to subscriptions not directly purchased from us. Any user who has been given access to the Platform by any party other than Doplac must contact the party who originally provided access to the Platform for any inquiries related to termination.

  • Force Majeure
  • In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Platform or any associated product or service through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

  • Feedback Waiver
  • You hereby irrevocably release and forever discharge Doplac from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Doplac with respect to the Feedback, including without limitation how Doplac directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at Doplac’s option and at your sole expense) to defend, indemnify, and hold Doplac harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys' fees, which Doplac may incur as a result of use of the Feedback in accordance with these Terms.

  • Copyright; Digital Millennium Copyright Act.
  • If you believe that Your copyrights have been infringed, or that your intellectual property rights have been otherwise violated by a third party’s use of our Platform, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to [email protected]. (Subject line: “DMCA Takedown Request”).

    19. Applicable Law, Binding Arbitration, and Class Action Waiver

    PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

    The laws of Western United States will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws.

    Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act.

    All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

    20. Communications and Contact Information

    All notices to a party shall be in writing and shall be made via email. Notices to Doplac must be sent to [email protected]. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.

    Doplac may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from Doplac, you can click on the “unsubscribe link” provided in such communications or contact us at [email protected].

    When you create a Platform account, you must designate a primary email address that will be used for receiving electronic communication related to these Terms. Doplac will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from Doplac, do not respond to the email and notify Doplac by emailing us at.

    For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at or by mail at:

    Doplac LLC
    1309 Coffeen Avenue STE 1200
    Sheridan, Wyoming 82801

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