Dash of Agile Terms of Service

By using the dashofagile.com web site ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

If Dash of Agile makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://dashofagile.com/pages/terms-of-service

Violation of any of the terms below will result in the termination of your Account. While Dash of Agile prohibits such conduct and Content on the Service, you understand and agree that Dash of Agile cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
  4. You are responsible for maintaining the security of your account and password. Dash of Agile cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all acquired Content and activity that occurs under your account (even when Content is aquired by others who have accounts under your account).
  6. One person or legal entity may not maintain more than one free account.
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

Payment, Refunds, Upgrading and Downgrading Terms

  1. All paid plans must enter a valid credit card. Free accounts are not required to provide a credit card number.
  2. An upgrade from the free plan to any paying plan will immediately bill you.
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  5. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Dash of Agile does not accept any liability for such loss.

Modifications to the Service and Prices

  1. Dash of Agile reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Dash of Agile Site ( dashofagile.com ) or the Service itself.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and imported data remain yours. However, by sharing your pages, you agree to allow others to view your Content.
  2. Dash of Agile does not pre-screen Content, but Dash of Agile and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  3. You shall defend Dash of Agile against any claim, demand, suit or proceeding made or brought against Dash of Agile by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Dash of Agile for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Dash of Agile in connection with any such claim, demand, suit or proceeding; provided, that Dash of Agile (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Dash of Agile of all liability); and (c) provides to You all reasonable assistance, at Your expense.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  2. Support for Dash of Agile services is only available in English, via email.
  3. You understand that Dash of Agile uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Dash of Agile.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Dash of Agile.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Dash of Agile customer, employee, member, or officer will result in immediate account termination.
  8. Dash of Agile does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  9. You expressly understand and agree that Dash of Agile shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Dash of Agile has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  10. The failure of Dash of Agile to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Dash of Agile and govern your use of the Service, superseding any prior agreements between you and Dash of Agile (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.
  11. Questions about the Terms of Service should be sent to [email protected]