DATILITY Platform License and Terms and Conditions
YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY CLICKING THE “I HAVE READ AND AGREE” ICON DISPLAYED AS PART OF THE REGISTRATION PROCESS. PLEASE READ THE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IF YOU DO NOT AGREE TO THE AGREEMENT, THEN YOU SHOULD NOT CLICK THE ICON AND YOU SHOULD NOT ACCESS AND/OR USE THE PLATFORM.
We reserve the right, at any time, to add to, change, update or modify these Terms and Conditions, simply by posting such change, update, or modification on the Platform and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Platform. Changes that impact the provision of the Services will generally be announced and communicated to registered users via email and through our website. Accordingly, it is your responsibility to review the Agreement from time to time to ensure that you continue to agree with them and the content, functionality and output of the Platform and Services. Each time you access and/or utilize the Platform and Services, you agree to be bound by the then-current Agreement.
In exchange for your payment of the Subscription Fee (defined and set forth below), Licensor hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Platform solely to obtain the Services under the terms and conditions herein. All rights not expressly granted to you are reserved by Datility and its licensors.
In addition, the Platform and all materials available on it or through the use of the Services are the property of Datility or its licensors and are protected by copyright, trademark and other intellectual property laws. You may not use the contents of the Platform in any manner or for any purpose that is inconsistent with the intended use of the Services or that would otherwise constitute infringement of Datility’s or its licensors’ intellectual property rights. You may download and/or print copies of individual pages of the Platform or documents made available to you through the use of the Services solely for your internal business purposes. You may not reproduce or distribute any materials obtained from the Platform or the Services except for reproductions or distribution of the materials as provided by Datility through your use of the Services and solely for your internal business purposes.
The fee for accessing and using the Platform (the “Subscription Fee”) is set forth in a separate agreement and order form which identifies the particular modules and services that Datility is providing to you through your use of the Platform and Services (the “Customer Subscription and Services Agreement”). The amount of the Subscription Fee and the payment terms shall be set forth in the Customer Subscription and Services Agreement.
Use of the Platform:
The Platform is intended solely for use as dictated by Datility, including users accessing and using the Platform to use the Services. You will be required to register on the Platform and/or enter into a Customer Subscription and Services Agreement with Datility in order to access to the Platform. During registration or as a result of obtaining a subscription through Datility, you will be assigned a user name and password. You are responsible for keeping your user name and password confidential. Datility cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected. You will: (i) notify Datility immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) not impersonate another user or provide false identity information to gain access to or use the Platform.
You represent and warrant through your registration and/or your use of the Platform that you have the authority of your company to use the Platform on its behalf. Through the use of the Services, each user represents he/she has the authority to bind the company to such actions undertaken by the user. Thus, you and your company are responsible for all activity occurring under your account and you represent and warrant that you will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Platform including those related to data privacy, international communications and the transmission of personal data.
If you register on the Platform, you represent and warrant that your information is true and accurate to the best of your knowledge. In any event, you agree not to submit false information such as name, email, address, and or telephone number when registering on the Platform. By registering with and/or through your use of the Platform, you consent to receive periodic communication from Datility regarding the status of your account or other information associated with your account or the Services provided.
The Platform shall not be used by anyone under the age of eighteen (18). By accessing or using the Platform or its resources you represent and warrant that you are eighteen (18) years of age or older.
The Platform may allow you to submit feedback or comments to Datility. By posting, uploading, inputting, providing or otherwise submitting feedback or comments to Datility, you represent and warrant that your submission is truthful and that you own or otherwise control all of the rights to your submission. You hereby grant Datility an unlimited, world-wide, and royalty free license to use any content included in your feedback or comments submitted to Datility.
Datility provides the Platform to allow you to have a centralized location to collect, store, analyze, and otherwise process your data. The Platform may include collection and utilization of information related to the operation of a restaurant including, but not limited to: financial information, inventory, sales, time cards, labor costs, employee data, financial account information, overhead items and costs, and point-of-sale system data (collectively, the “User Content”). The proper and efficient functioning of the Platform relies on this User Content and you hereby provide Datility a license to use the User Content to provide the Services. You are responsible for the accuracy of all User Content collected through your use of the Platform. Datility assumes no responsibility regarding the accuracy of the User Content, or any information that is provided by you through the Platform and use of such information with the Platform is at your own risk. You hereby grant Datility the right to de-identify the User Content and aggregate User Content with the content of other Platform users, wherein Datility shall have a license to distribute, sell, or otherwise use the aggregated User Content to any third party for any reason.
You represent and warrant that no materials of any kind submitted to or through the Platform will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.
In addition to the above, you represent and warrant you will not:
sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform without Datility’s express written consent except as otherwise provided herein;
Modify or make derivative works based upon the Platform;
create Internet “links” to the Service except for access to the Home Page, or “frame” or “mirror” any Content on any other server or wireless or Internet-based device;
reverse engineer or access the Platform in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service;
you may not share user licenses as each user must register with the Platform;
use the Platform in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Platform;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
Links to Third Party Platforms:
The Platform may contain links to other websites (“Third Party Websites”). We do not control or monitor such Third Party Websites and we are not responsible for any Third Party Websites accessed through the Platform. Inclusion of, linking to or permitting the use or installation of any Third Party Website does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third Party Website, you do so at your own risk and you should be aware that the Agreement no longer applies to your usage of such Third Party Websites.
FEDERAL AND STATE LAWS:
When using the Platform, or on the Platform, you represent and warrant you will obey and comply with all applicable federal, state and local laws. The Platform was created and will be operated from the United States. Any use of the Platform that violates any applicable laws will be grounds for discontinuing your rights to access the Platform.
Relationship of the Parties:
Datility and you agree that nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.
Datility may terminate your access to the Platform and the Services for any reason, at any time, and in Datility’s sole discretion, as set forth in the Customer Subscription and Services Agreement.
THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE PLATFORM AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE PLATFORM. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE PLATFORM. ANY THIRD PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. DATILITY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DATILITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, OR ANY MATERIAL ON THE PLATFORM IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. DATILITY DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation on Liability:
DATILITY’S LIABILITY TO YOU IS LIMITED AS SET FORTH IN THE CUSTOMER SUBSCRIPTION AND SERVICES AGREEMENT.
Datility has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Platform. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Datility to review, delete, edit, or disable the material in question, you must provide Datility with all of the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. Description of the copyrighted work that you claim has been infringed;
c. The location of the material that you claim is infringing is located on the Platform;
d. Your address, telephone number and e-mail address;
e. A statement that your claim of infringement is based on a good faith belief; and
f. A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
For this notification to be effective, you must direct your correspondence to Datility’s designated agent: firstname.lastname@example.org.
This Agreement, together with the Customer Subscription and Services Agreement, constitutes the entire agreement between Datility and you regarding the use of the Platform, superseding any prior agreements between Datility and you relating to your use of the Platform.
By Email: email@example.com
DATILITY NETWORKS, INC.
PO BOX 178
NEWTON, KANSAS 67114