Last Revised: March 2, 2023

DASHP Terms of Use

NOTICE: BY CREATING AN ACCOUNT OR BY UTILIZING DASHP YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

This Terms of Use Agreement (“Terms”, or “Agreement”) governs your use of the DASHP, Inc. (“DASHP,” “Company,” “we,” “our,” or “us”) product, websites, and other services (collectively, the “Services”). By using the Services, you agree, without limitation or qualification, to be bound by the Terms and our Privacy Policy. If you do not agree, do not use the Services.

DASHP may revise the Terms at any time. Your continued use of the Services means you accept all such revisions, and you agree to comply with all applicable laws and regulations. The materials provided on the Services are protected by law, including, but not limited to, United States copyright and trademark laws and international treaties.

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals accessing the Services for any reason. If the Services are being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “you” includes you and such entity. If you are accessing the Services on behalf of an entity, you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to the Terms, and (b) you agree to the Terms on that entity’s behalf.

PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH DASHP ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 13). PLEASE READ IT CAREFULLY.

1. BUSINESS SERVICES AGREEMENT

These Terms, along with our Privacy Policy, are incorporated into and are part of the Business Services Agreement. If you or the entity you represent have subscribed to a Subscription Plan (as defined in the Business Services Agreement), then you have duties and obligations under the Business Services Agreement and are bound by the terms and conditions of that agreement. If there are any conflicts between the Terms and the Business Services Agreement, the Business Services Agreement shall control.

2. ACCESS

When you install the DASHP application, receive an invite-link, or utilize other means to create an account or otherwise access the Services, you will be deemed a “User” of the Services. The application and any access links and/or credentials you receive are for your personal use only, and you are not authorized to, and you agree not to, share any links and/or access credentials you receive with any other persons. Your access to the Services may be via invitation from a third-party, such as a customer of DASHP, in which case your permissions and access may be governed by other terms and conditions, including terms and conditions imposed by the person or entity that granted you access to the Services. In cases where your access to the Services was granted by a person or entity other than DASHP, you agree that we may provide such person or entity with the ability to limit or restrict your access to the Services, including the User Content (as defined below in Section 4) you submit. You are responsible for maintaining the confidentiality of any access data and credentials, including your password, for your account, and you understand and agree that you are fully responsible for all activities that occur under your account.

By using the Services, you represent and warrant that you are at least 18 years of age, and you agree to immediately notify DASHP of any known or suspected unauthorized use of your account or any other breach of security. DASHP is not liable for any loss or damage arising from acts or omissions by you in connection with your account and/or your failure to comply with this section. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form, when applicable, and (b) maintain and promptly update your information to keep it true, accurate, current and complete.

3. LICENSE, RESTRICTIONS, AND RELATIONSHIP

Subject to the limitations and conditions provided in the Terms, DASHP hereby grants you a revocable, non‑transferable, non‑exclusive, limited right to access the Services solely for your internal business purposes.

You may not, and agree that you will not:

(a) sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, or otherwise permit any third party not authorized by the Terms or by Company, in writing, to access or use the Services;

(b) translate, modify, or develop any derivative works based on the Services;

(c) decipher, disassemble, reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code, specifications, architecture, structure, or any other components or elements of the Services;

(d) use the Services to send or store material containing viruses or other harmful computer code, scripts, agents, files, or programs;

(e) utilize or access the Services in any way, in whole or in part, to build a competitive product or service;

(f) disrupt, delay, or otherwise interfere with the integrity or performance of the Services, the Company’s ability to maintain and deploy the Services, or data stored within the Services;

(g) use the Services to provide processing services to third parties, without written authorization by Company;

(h) collect or disclose performance, capacity, or benchmark statistics on the Services or other Services;

(i) attempt to gain unauthorized access to the Services or related systems;

(j) violate Company’s intellectual property rights or in any way disrupt or impede Company’s ability to protect, assert, or defend its intellectual property rights; or

(k) otherwise use the Services except as permitted by the Terms.

You understand and agree that no agency, partnership, employee-employer, franchiser-franchisee, or joint venture relationship is intended or created between you and DASHP by the Terms.

4. USER CONTENT

DASHP does not claim ownership over any content, materials or information you and other users submit on or through the Services (“User Content”). You are the owner of, and are responsible for, your User Content. By uploading any User Content to the Services, however, you grant us a perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable, and nonexclusive license to access, distribute, store, store, reproduce, transmit, display, modify and adapt and create derivative works in any fashion from, and otherwise use, your User Content. To the extent you choose to share any of your User Content with other users of the Services, you agree to allow these users to view, use, publish, display, modify or include a copy of your User Content as part of their own use of the Services and, to the extent applicable, collaborate with you and your User Content.

You understand that all User Content is the sole responsibility of the person from which such User Content originated. You also understand and agree that DASHP does not control and has no duty to validate, and does not guarantee in any way, the User Content posted via the Services. By posting or submitting your User Consent through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your User Content.

You agree that you will not:

(a) upload, create, or otherwise make available any User Content that is unlawful, harmful or abusive, vulgar, invasive of another’s privacy or discloses their identity or contact information (without the written consent of the owner of that information), hateful or racist, or otherwise objectionable;

(b) upload, create, or otherwise make available any User Content that is (i) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act of 1996; (ii) used to identify a specific individual and is sensitive in nature, such as social security numbers, driver’s license numbers or other government ID numbers; (iii) other personal information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations); (iv) financial information, such as credit, debit or other payment card data subject to PCI DSS; (v) personal data enumerated in Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; or (vi) any data similar to the foregoing that is protected or otherwise regulated under foreign or domestic laws or regulations;

(c) engage in any manipulation of data or fields, or any other behavior intended to disguise the origin of any User Content;

(d) upload or create in the Services any User Content that you do not have a right to upload or create, including any User Content that infringes in any way the intellectual property rights, rights of privacy, or proprietary rights of any party; or

(e) upload or create any content that is considered “spam” by nature or type.

5. TERMINATION OF LICENSE AND YOUR ACCOUNT

If you breach any provision of the Terms, all access, privileges, and rights granted by DASHP will terminate automatically. Additionally, if the Business Services Agreement that provides for your access to and use of the Services terminates, then your access to the Services will similarly terminate. DASHP may suspend, disable, or delete your account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If you breach the Terms, or are suspected by DASHP to have breached the Terms, you will not be permitted to, and you agree not to, access or re-register the Services, including under a different name or email address. If we delete your account for any reason, DASHP may, but is not obligated to, delete any or all of your User Content. DASHP shall not be responsible for the deletion of, or the failure to delete, your User Content. All sections which by their nature should survive the termination of the Terms shall continue in full force and effect subsequent to and notwithstanding any termination of the Terms by DASHP or you. Termination of your account will not limit any of DASHP’s other rights or remedies at law or in equity.

6. PROPRIETARY/INTELLECTUAL PROPERTY RIGHTS

DASHP and/or its licensors, as applicable, retain ownership of all rights in the Services. If you choose to provide us with any feedback, comments and suggestions for improvements to the Services (“Feedback”), you agree that any such Feedback becomes the sole and exclusive property of DASHP. If you choose to provide Feedback, you understand and agree that you do not and will not receive or be entitled to any right, title or interest in the Services or in any Feedback that you provide. We may use the Feedback you provide in any manner and for any purpose, in our sole discretion, and you will not be notified or receive any compensation. You hereby assign to DASHP any and all right, title and interest that you may have in and to any and all Feedback.

7. THIRD PARTY MATERIALS

The Services may display, include, or make available content, links, information, applications, products, services, websites, or other materials of and/or from third parties (“Third Party Materials”). You understand and agree that DASHP is not responsible for examining or evaluating any aspect of such Third Party Materials. You further understand and agree that we do not warrant or endorse, and we will not have any liability or responsibility to you or any other person for, any Third Party Materials. Any complaints you may have in connection with any Third Party Materials or third-party website should be directed to such third party directly.

8. DIGITAL MILLENNIUM COPYRIGHT ACT

DASHP adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”).

If You believe that any materials or works uploaded, downloaded or appearing on the Services have been copied in a way that infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

(c) identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

(d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to dashphelp@gmail.com, by phone to 801-589-6615 or via mail to the following address: DASHP Legal, 82 Sycamore Ln Vineyard, UT 84059. DASHP will terminate access of repeat infringers.

9. INDEMNITY BY YOU

You agree to indemnify DASHP if a claim is made against DASHP due to your actions. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless DASHP, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, your User Content, your conduct toward other users, your negligence or willful misconduct, or your breach of the Terms.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DASHP, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, BUSINESS INTERRUPTION, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF DASHP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (c) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER CONTENT, EVEN IF DASHP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DASHP’S MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE WILL BE LIMITED TO FIVE HUNDRED DOLLARS ($500). THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 10 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

11. DISCLAIMER

THE PLATFORM AND ALL OTHER SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, SECURITY OR CONTENT OF THE PLATFORM OR OTHER SERVICES, OR ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHERMORE, DASHP DOES NOT WARRANT THAT THE SERVICES WILL BE FREE OF ERROR, VIRUSES OR OTHER MALICIOUS CODE, WILL BE UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH CUSTOMER’S CONTENT OR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY DASHP. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. DASHP IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

YOU UNDERSTAND AND AGREE THAT DASHP MAY, AT ANY TIME AND IN ITS SOLE DISCRETION, MODIFY OR DISCONTINUE, PERMANENTLY OR TEMPORARILY, ANY PART OF OR ALL OF THE SERVICES WITH OR WITHOUT NOTICE, AND THAT DASHP SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR TAKING SUCH ACTION.

You acknowledge that use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent security precautions and illegally gain access to the Services and User Content. Accordingly, DASHP cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the internet.

12. ARBITRATION

If you pursue a legal claim against us, you agree to arbitration (with limited exceptions). Therefore, the exclusive means of resolving any dispute or claim arising out of or relating to the Terms (including any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Utah County, Utah. Client hereby irrevocably consents to the jurisdiction of those courts for such purposes.

13. CLASS-ACTION WAIVER AND JURY WAIVER

By using the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP THE RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you understand that arbitration proceedings are different from trials and other judicial proceedings, and that decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

14. GOVERNING LAW, STATUTE OF LIMITATIONS, AND RELIEF

Utah law and the Federal Arbitration Act will apply if there is a dispute (except where prohibited by law). Except where this arbitration agreement is prohibited by law, the laws of the State of Utah, excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to the Terms or the Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 13 above shall be governed by the Federal Arbitration Act.

You agree that, notwithstanding any statute, law, or regulation to the contrary, any claim or cause of action arising out of or related to the Services or the Terms must be filed within one year after such claim or cause of action arose or be forever barred.

You acknowledge that your violation of the Terms will cause irreparable injury to DASHP and that DASHP will therefore be entitled, but not required, to seek equitable relief without posting bond or other security in addition to any remedies it may have hereunder or at law.

15. VENUE

Any claims that are not submitted to arbitration for any reason must be litigated in Utah County, Utah (except for claims brought in small claims court, or where prohibited by law). Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in Utah County, Utah, all claims arising out of or relating to the Terms, to the Services, or to your relationship with Company that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Utah County, Utah. You and Company consent to the exercise of personal jurisdiction of courts in the State of Utah and waive any claim that such courts constitute an inconvenient forum.

16. SEVERABILITY

In the event one or more of the provisions of this Agreement is held to be invalid or otherwise unenforceable by a court of competent jurisdiction for the matter in question, the enforceability of the remaining provisions shall be unimpaired.

17. WAIVER

The failure of either party at any time to enforce any right or remedy available to it under the Terms with respect to any breach or failure by the other party shall not be construed to be a waiver of such right or remedy with respect to any other breach or failure by the other party.

18. COMPLAINTS

If you have any complaint regarding the Services, you may contact us at the address or email provided below. If you are a resident of the State of California, you may, in accordance with Cal. Civ. Code § 1789.3, report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

19. EXPORT RESTRICTIONS

The Services, or portion thereof, may be subject to Export Administration Regulations or other export control laws. You therefore agree that you will not export, transfer, or disclose in any way, any portion of the Services, directly or indirectly, in violation of applicable export laws or regulations.

20. ACCEPTANCE OF TERMS; AMENDMENTS

By using the Services, you accept the Terms and agree to be bound by:

(a) the Terms, which we may amend from time to time;

(b) our Privacy Policy; and

(c) the Business Services Agreement, if applicable.

If you do not accept and agree to be bound by all of the terms of this Agreement, do not use our Services. The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.

Note that DASHP may update and modify the Terms at any time by posting modified terms on its website and revising the date at the top of the Terms. It is your responsibility to review the Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, and you agree that your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.

21. ENTIRE AGREEMENT

This Agreement supersedes any previous agreements or representations. These Terms, with the Privacy Policy, and Business Services Agreement when applicable, contain the entire agreement between you and DASHP regarding the use of our Services. These Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of the Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You agree that your DASHP account and access to the Services are non-transferable and all of your rights to your account, its content, and any other access link or permissions terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of the Terms, and you may not make any representations on behalf of or bind DASHP in any manner.

22. HEADINGS

The section headings contained in the Terms are inserted for convenience only and shall not affect in any way the meaning or interpretation of the Terms.

23. HOW TO CONTACT US

You may contact us regarding the Services or the Terms by email at dashphelp@gmail.com.