Terms & Conditions

1. Acceptance of Terms

These General Terms of Service ("Terms") govern access to and use of Dash, including its website, applications, dashboards, and related services (collectively, the "Service"), provided by Adops.com ("Company," "we," "us," or "our").

By creating an account, accessing, or using the Service, you ("User," "you," or "your") agree to be bound by these Terms. If you are accessing or using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, in which case "you" refers to that organization.

If you do not agree to these Terms, you may not access or use the Service.

2. Description of the Service

Dash is a software platform that provides reporting, analytics, and related tools to help users monitor and manage their data. The Company may add, modify, or remove features or functionality of the Service at any time, at its sole discretion, with or without notice.

The Service may include features that are offered on a subscription, usage-based, or other commercial basis, as described in an applicable order form, account plan, or subscription agreement between you and the Company. Where a conflict exists between these Terms and an order form or subscription agreement, the order form or subscription agreement controls with respect to the subject matter it covers.

The Company does not guarantee that the Service, or any particular feature of the Service, will be available at all times, uninterrupted, or error-free.

3. Eligibility and Account Registration

To use the Service, you must be at least 18 years old, or the age of legal majority in your jurisdiction, and capable of forming a binding contract. By using the Service, you represent and warrant that you meet these requirements.

To access certain features, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you.

You agree to notify the Company promptly of any unauthorized use of your account or any other breach of security. The Company is not liable for any loss or damage arising from your failure to safeguard your account credentials.

4. Acceptable Use

You agree not to, and not to permit any third party to:

1. Use the Service in violation of any applicable law, regulation, or third-party right;
2. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent such restriction is prohibited by applicable law;
3. Copy, modify, distribute, sell, sublicense, rent, lease, or otherwise transfer any right in the Service;
4. Use the Service to transmit any viruses, malware, or other harmful code, or to interfere with or disrupt the integrity or performance of the Service;
5. Attempt to gain unauthorized access to the Service, other accounts, or related systems or networks;
6. Use any automated means, including bots, scrapers, or crawlers, to access the Service, except as expressly permitted by the Company;
7. Use the Service to store or transmit infringing, defamatory, or otherwise unlawful material;
8. Remove, obscure, or alter any proprietary notices on the Service.

The Company reserves the right to investigate and take appropriate action against anyone who violates this section, including suspending or terminating access to the Service.

5. Fees and Payment

Certain features of the Service may require payment of fees, as described in an applicable order form, invoice, or account plan. All fees are stated and payable in the currency specified at checkout or in the applicable order form and are non-refundable except as expressly stated in these Terms or as required by applicable law.

You agree to provide accurate and complete billing information and to promptly update it if it changes. The Company may suspend or restrict access to the Service if fees are not paid when due.

The Company may change its fees prospectively upon reasonable notice. Continued use of the Service after a fee change takes effect constitutes acceptance of the new fees. All fees are exclusive of applicable taxes, which you are responsible for paying unless you provide a valid exemption certificate.

6. Intellectual Property Rights

The Service, including its software, design, text, graphics, logos, and all other content provided by the Company (excluding User Content, as defined below), is owned by the Company or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

No right, title, or interest in or to the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any feedback, suggestions, or ideas you provide about the Service may be used by the Company without restriction or obligation to you.

7. User Content and Data

"User Content" means any data, files, text, or other content that you or your authorized users upload, submit, or connect to the Service. As between you and the Company, you retain all right, title, and interest in and to your User Content.

You grant the Company a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display User Content solely as necessary to provide, maintain, and improve the Service. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not infringe or violate any third-party rights.

The Company's collection and use of personal data in connection with the Service is described in its privacy policy, which is incorporated into these Terms by reference. You are responsible for ensuring you have the necessary rights and consents to submit any personal data to the Service.

8. Third-Party Services and Links

The Service may integrate with, link to, or allow you to connect third-party products, services, or platforms ("Third-Party Services"). The Company does not control and is not responsible for Third-Party Services, and your use of them is governed by the applicable third party's own terms and privacy policy.

The Company makes no representation or warranty regarding, and disclaims all liability for, Third-Party Services, including their availability, accuracy, or content. Enabling a Third-Party Service may allow the applicable third party to access certain data, and you are solely responsible for reviewing and accepting that third party's terms before doing so.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY RESULTS, DATA, OR CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of a third party.

The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with the Company's defense of such claim.

12. Term and Termination

These Terms remain in effect for as long as you use the Service, unless an applicable order form or subscription agreement specifies a different term. Either party may terminate these Terms as provided in an applicable order form or subscription agreement, or, where no such agreement governs, at any time for any reason with reasonable notice.

The Company may suspend or terminate your access to the Service immediately, without notice, if you breach these Terms, if required by law, or if continued provision of the Service to you would create a security or legal risk for the Company.

Upon termination, your right to access and use the Service will immediately cease. Sections of these Terms that by their nature should survive termination, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution, will survive.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved in the courts located in New York City, and each party consents to the personal jurisdiction of such courts.

Each party waives any right to a jury trial or to participate in a class, collective, or representative action, to the fullest extent permitted by applicable law.

14. Changes to These Terms

The Company may modify these Terms from time to time. If the Company makes material changes, it will provide reasonable notice, such as by posting an updated version of these Terms and updating the "Last Updated" date, or by other reasonable means.

Your continued access to or use of the Service after any changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

15. General Provisions

Entire Agreement. These Terms, together with any applicable order form, subscription agreement, or privacy policy, constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver. No waiver of any provision of these Terms will be effective unless in writing, and no failure or delay in enforcing any provision will constitute a waiver of that or any other provision.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. The Company may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Force Majeure. Neither party will be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, labor disputes, or failures of third-party infrastructure.

Notices. The Company may provide notices to you through the Service, by email, or by other reasonable means. Notices to the Company should be sent to the contact information in Section 16.

Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and the Company.