Dirgrid, with a share capital of 1000 Euros, registered with the
Registry of Trade and Companies under RCS number 111 111 111, whose
registered office is located 17 rue Berteaux Dumas, 92200 Neuilly sur
seine, FRANCE. (“Dirgrid,” “we,” or “us”) provides solutions through our
website accessible at https://www.Dirgrid.com
and perform related serves (the “Services”). These detailed Terms of
Service (“TOS”) and any other terms you are provided with in connection
with your access to and use of the Services, govern your use of the
Services. It is therefore important that you read and understand these
TOS. This TOS supersedes all previous terms of service available on the
Services.
Acceptance of the TOS
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY
UPLOADING OR POSTING ANY CONTENT ON THE SERVICES, YOU, YOUR HEIRS, AND
ASSIGNS (COLLECTIVELY, “YOU”) ARE INDICATING THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO BE BOUND BY THE TOS, WHETHER OR NOT YOU HAVE
REGISTERED ON OR THROUGH THE SERVICES. IF YOU DO NOT AGREE TO THE TOS,
THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR DIRGRID CONTENT.
Modifications to the TOS
Dirgrid reserves the right, in its sole discretion, to upgrade its
Services at any time and without prior notice. In the event that any
modifications to our Services constitute material changes to scope or
functionality, we will notify you by sending you an e-mail to the last
e-mail address you provided to us and/or providing notification on our
website. You will be deemed to have accepted our material changes to any
Services, unless you terminate your purchase of ongoing Services within
ten (10) days of receipt of our notice. In such case, you shall be
entitled to request, as full and sole compensation, the pro rata refund
of any prepaid subscription fees paid to us and corresponding to the
period after the date of the termination. Payment of such compensation
constitutes your sole and full remedy for termination by you of the
ongoing Services. Please note that you are responsible for updating your
email address with us. In the event that the last e-mail address that
you have provided us is not valid, or for any reason is not capable of
delivering to you the notice described above, our dispatch of the e-mail
containing such notice will nonetheless constitute effective notice of
the modifications described in the notice. We will also update the “Last
Updated Date” at the top of the TOS. If you have any questions or
concerns about the modified TOS, please contact us at:
support@Dirgrid.com.
Eligibility, Registration, and Availability
Eligibility to Use the Services
By using the Services, you affirm that you are at least 18 years of age.
You further acknowledge and accept that by using the Services, you are
an individual entrepreneur within the meaning of Article L. 121-1 of the
French Commercial Code, subject to all obligations imposed on individual
entrepreneurs by law. In addition, if you are selling your products on
online marketplaces outside of your country of residence, you
acknowledge that you may be subject to the laws of the country in which
these online marketplaces are established and you agree to comply with
such laws.
Account Registration
In order to access or use certain features of the Services you will be
required to register and create an account (“Account”). You agree to
provide accurate, current and complete information during the
registration process and at other times when you use the Services and to
update such information to keep it accurate, current and complete. We
reserve the right in our sole discretion to refuse to keep Accounts for,
or provide services to, any individual. We reserve the right to suspend
or terminate your Account if any information provided during the
registration process or at other times proves to be inaccurate, not
current or incomplete. You are responsible for safeguarding your
password. You agree not to disclose your password to any third party and
to take sole responsibility for any activities or actions under your
Account, whether or not you have authorized such activities or actions.
You will immediately notify us of any unauthorized use of your Account.
The Services and Availability
To use some features of the Services, you may be required to link your
Account with your accounts on one or more third party payment services
(“Payment Services”), such as Stripe. With your authorization, we will
access your Payment Services in order to, among other things, read and
write data to your account with such third parties, automatically
calculate applicable taxes, and generate compliant PDF tax records. Once
this connection is made, you expressly authorize the exchange of
personal and commercial data between the Payment Services and Dirgrid in
order to effectuate the purposes of this Agreement. All such access
shall be deemed to be authorized by you. Access to third party services
may be terminated by you at any time, although doing so may impair the
proper functioning of the Dirgrid tools and features.
Use of the Software
Dirgrid grants You the right to access and use the Service via the
Website with the particular user roles available to You according to
Your subscription type. This right is non-exclusive, non-transferable,
and limited by and subject to this Agreement.
Your Obligations
You are solely responsible for the security of personal or other data
that may be provided or hosted by you, including all indirect tax
information. You shall comply with all laws governing the collection,
retention and use of personal data and transaction data. You agree to
provide conspicuous notice to customers on your website disclosing how
and why personal information is collected and used.
You will comply with applicable laws, applicable indirect tax Laws and
Data Laws including, without limitation, any rules, notices, guidances
or directions issued by relevant tax authorities.
You will comply with any applicable laws pertaining to the operation of
your business of service and any products or services you are offering.
You will not offer any products or services, or engage in any activities
that may expose Dirgrid to risk or legal liability.
Ownership and Intellectual Property
The Services are protected by copyright, trademark, and other laws of
France, the United States and other countries. Except as expressly
provided in these TOS, Dirgrid and its licensors exclusively own all
right, title and interest in and to the Services, including all
associated intellectual property rights. You will not remove, alter or
obscure any copyright, trademark, service mark or other proprietary
rights notices incorporated in or accompanying the Services. You further
agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Services, in whole or in part. All
trademarks, service marks, logos, trade names and any other proprietary
designations of Dirgrid used herein are trademarks or registered
trademarks of Dirgrid. Any other trademarks, service marks, logos, trade
names and any other proprietary designations are the trademarks or
registered trademarks of their respective parties.
Services and Billing
Services
We may offer a number of services for a fee, including subscriptions or
other offers, containing different options and features. From time to
time, additional products and services may be available to you for
additional fees. The details of such offers will be published on our
website. We reserve the right to modify, terminate or otherwise amend
our offered services at any time in our sole discretion. Your purchased
services may be governed by separate terms that will be provided to you
during the purchase process or otherwise through the Services.
Free Trials
From time to time, we may offer or provide free trials, free Dirgrid
Content, and other special offers. To use these offers, you must have
Internet access. During the free trial, the features of the Services
that we make available to you may be limited. We have the discretion to
change the features offered and terms of our free trials in our
discretion. At the end of the free trial period, you may have the option
to purchase a subscription or other service or terminate the free trial.
Billing
You agree to pay to us all fees and applicable taxes incurred by you in
connection with your use of the Services. We may change the fees and
charges in effect, or add new fees and charges from time to time, but we
will give you advance notice of these changes. We will not provide
advance notice for temporary promotions. We may also not always be able
to notify you of changes in any applicable taxes.
Downgrades/Upgrades and Credits
You may be provided with the option to upgrade or downgrade your
purchased services, in which case details will be provided through the
Services. In the event services are downgraded, the new service level
will not be effective until the natural expiration of the current
subscription. At any time, and for any reason, we may provide a
discount, credit, or other consideration to some or all of our users
(“credits”). The amount and form of such credits, and the decision to
provide them, are at our sole and absolute discretion. The provision of
credits in one instance does not entitle you to credits in the future
for similar instances, nor does it obligate us to provide credits in the
future, under any circumstance.
Automatic Renewal
With respect to certain of services, We may provide You with an option
to automatically renew the service or subscription. If You elect
automatic renewal, each renewal term for the services will be equal in
duration to the initial term for such services. At any time during a
renewal term, You may elect to not renew the service or subscription for
the forthcoming renewal term, in which case this Agreement with regard
to such non-renewed services shall be terminated upon the expiration of
the then-current renewal term.
Cancellation
During a free trial or “test” period, you can terminate your Account at
any time and without justification or obligation. The services you
purchase, including subscriptions, will continue in effect unless and
until you properly cancel in accordance with, if applicable, any
specific terms provided to you at the time of purchase or unless the
Services are otherwise suspended or discontinued pursuant to this TOS.
All Account termination requests should be sent by email to
support@Dirgrid.com. To the extent that You have enabled access to any
third party services through Dirgrid, it is Your responsibility to
disable or terminate such access in the event of cancellation.
Unpaid Amounts
It is important that each user of the Services honor the payment
obligations to which the user agreed. Accordingly, we reserve the right
to pursue any amounts you fail to pay to us in connection with your use
of the Services. You will remain liable to us for all such amounts and
all costs we incur in connection with the collection of these amounts,
including, without limitation, collection agency fees, reasonable
attorneys’ fees, and court costs. Notwithstanding the terms of this
Section, any amounts not paid by the user on the due date shall,
automatically and without prior notice, bear interest at the lesser of
the rate of 1.5% per month or the highest rate permissible under
applicable law, calculated daily and compounded monthly. In addition, in
the event of late payment, we may charge the user a fixed collection fee
of EUR 40 (as may be amended by relevant national legislation from time
to time) as a minimum compensation for our recovery costs, without
prejudice to our right to seek full indemnification for all additional
costs incurred by us to collect amounts due.
Licenses and Content
Your License to Use the Services
The Services may contain links, text, graphics, images, audio, video,
information, code, or other materials created by Dirgrid or submitted by
users of the Services (“Services Content”). Subject to your compliance
with the TOS, we grant you a limited, non-exclusive, non-transferable
license, without the right to sublicense, to access and use the
Services, and to access, use, view and print any Services Content solely
for the purposes specified herein and agreed by Dirgrid. You will not
use, copy, adapt, modify, prepare derivative works based upon,
distribute, license, sell, transfer, publicly display, publicly perform,
transmit, stream, broadcast or otherwise exploit the Services or
Services Content, except as expressly permitted in the TOS. No licenses
or rights are granted to you by implication or otherwise under any
intellectual property rights owned or controlled by us or our licensors,
except for the licenses and rights expressly granted in these TOS.
User Submitted Content
With respect to data and other content you submit or make available on
the Services (“User Content”), you grant us an irrevocable, fully
sub-licensable, world-wide, royalty-free, non-exclusive license, for the
legal duration of the intellectual property rights related to the User
Content, to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such User Content (in
whole or in part) for the purposes of carrying out the Services and for
advertising purposes.
You understand that you take sole responsibility for all of Your Content
and any User Content you upload, transmit, or otherwise include on the
Services, whether privately transmitted or made publicly available.
Under no circumstances will we be liable in any way for any Content
uploaded, posted, shared, emailed, transmitted or otherwise made
available via the Services by you or other users. Accordingly, you
represent and warrant that: (i) you either are the sole and exclusive
owner of all User Content that you make available through the Services
or you have all rights, licenses, permissions, consents and releases
that are necessary to grant us the rights in such User Content, as
contemplated under these TOS; and (ii) neither the User Content nor your
posting, uploading, publication, submission or transmittal of the User
Content or our use of the User Content (or any portion thereof) on,
through or by means of the Services or otherwise will infringe,
misappropriate or violate a third party’s patent, copyright, trademark,
trade secret, moral rights or other proprietary or intellectual property
rights, or rights of publicity or privacy, or result in the violation of
any applicable law or regulation.
Without limiting the foregoing, we and our designees shall have the
right to remove any User or Content that violates the TOS, may expose us
to potential legal liability or risk, or is otherwise objectionable, in
our sole discretion. You further acknowledge and agree that you bear the
sole risk of reliance on any Content available on or through the
Services.
You are solely responsible for your interactions with other users of the
Services and with any third party buyers.
Idea or Proposal Submissions/Feedback
For any proposals or ideas that you submit to us, in addition to any
other representations or warranties in these TOS, you represent and
warrant that you have the right to disclose such ideas or proposals to
us and that such disclosure does not violate the rights of any other
person or party. By submitting your idea or proposal you acknowledge and
recognize that we are continually working on new products, services and
technologies, and as such, we may currently or in the future be
internally developing proposals, ideas or information or receiving
proposals, ideas or information from others that are likely to be
similar to the proposals or ideas provided by you. We assume no
fiduciary or confidentiality obligation of any kind with respect to any
proposals, ideas or suggestions made by you that relate to our products
or services. You also understand and agree that our willingness to
review any proposals or ideas is not an admission by us of novelty,
priority, or originality and does not impair our right to contest
existing or future patents or copyrights claiming the ideas. If you
choose to provide feedback, comments and suggestions for improvements to
the Services or otherwise (in written or oral form) (“Feedback”), you
grant us a non-exclusive, royalty-free, fully paid, fully
sub-licensable, irrevocable worldwide license, for the duration of
protection of such Feedback under applicable international treaties and
domestic laws, under any and all of your copyright related to that
Feedback, and you agree that any such Feedback or any derivative works
thereof may be displayed, reproduced, used, sublicensed, posted or
published by us and you are not entitled to any compensation or
reimbursement of any kind from us for the Feedback under any
circumstances.
Rules of Conduct
You expressly agree not to do any of the following:
Use the Services in a way that breaches the user agreement, policies, or
privacy policies of any third party services to which you link your
Account.
Post, upload, publish, submit or transmit any User Content (including
any links thereto), or engage in any action that: (i) infringes,
misappropriates or violates our or a third party’s patent, copyright,
trademark, trade secret, moral rights or other intellectual property
rights, or rights of publicity or privacy; (ii) violates, or encourages
any conduct that would violate, any applicable law or regulation or
would give rise to civil liability; (iii) is fraudulent, false,
misleading or deceptive; (iv) is defamatory, obscene, pornographic,
pedophiliac, vulgar or offensive; (v) promotes discrimination, bigotry,
racism, hatred, harassment or harm against any individual or group; (vi)
attacks the honor or reputation of a person or undermines the safety,
private life, or image of a third party; (vii) is violent or threatening
or promotes violence or actions that are threatening to any other
person; (viii) is illegal or promotes illegal or harmful activities or
substances; (ix) justifies or incites war crimes, crimes against
humanity, terrorist acts, or acts of damage; or (x) may expose us to
potential legal liability or risk.
Post or transmit, or cause to be posted or transmitted, any
communication or solicitation designed or intended to obtain password,
account, or private information from others;
Send any unsolicited or unauthorized advertising, promotional materials,
email, junk mail, spam, chain letters or other form of solicitation;
Post, email, transmit, upload, or otherwise make available any material
that contains software viruses or any other computer code, files or
programs designed or functioning to interrupt, destroy, or limit the
functionality of any computer software or hardware or telecommunications
equipment;
Bypass any robot exclusion headers or other measures we employ to
restrict access to the Services or use any software, technology, or
device to send content or messages, scrape, spider, or crawl the
Services, or harvest or manipulate data. Additionally, you agree that
you will not: (1) take any action that imposes, or may impose in our
sole discretion an unreasonable or disproportionately large load on our
infrastructure; or (2) interfere or attempt to interfere with the proper
working of the Services or any activities conducted on the Services;
Use, display, or broadcast the Services, or any individual element
within the Services, Dirgrid’s name, any Dirgrid trademark, logo or
other proprietary information, or the layout and design of any page or
form contained on a page, without Dirgrid’s express written consent;
Attempt to probe, scan, or test the vulnerability of any Dirgrid system
or network or breach any security or authentication measures;
Impersonate another person, indicate falsely that you are a Dirgrid
employee or a representative of Dirgrid, or attempt to mislead users by
indicating that you represent Dirgrid or any of Dirgrid’s partners or
affiliates; or
Encourage or enable any other individual to do any of the foregoing.
Monitoring of the Services
We may access, preserve and disclose any of your information carried,
maintained, hosted, or sent through the Services if we are required to
do so by law, or if we believe in good faith that it is reasonably
necessary to (i) respond to claims asserted against us or to comply with
legal process (for example, subpoenas or warrants), (ii) enforce or
administer our agreements with users, such as the TOS; (iii) for fraud
prevention, risk assessment, investigation, customer support, product
development and de-bugging purposes, or (iv) protect the rights,
property or safety of Dirgrid, its users, or members of the public. You
acknowledge that we have no obligation to monitor your access to or use
of the Services, or to review or edit any User Content, but we have the
right to do so for the purpose of operating and improving the Services
(including without limitation for fraud prevention, risk assessment,
investigation and customer support purposes), to ensure your compliance
with the TOS, to comply with applicable law or the order or requirement
of a court, administrative agency or other governmental body, to respond
to content that we determine is otherwise objectionable or as set forth
in the TOS. We reserve the right, at any time and without prior notice,
to remove or disable access to any Dirgrid Content or User Content that
we, in our sole discretion, consider to be objectionable for any reason,
in violation of the TOS or otherwise harmful to the Services. In order
to protect the integrity of the Services, we also reserve the right at
any time in our sole discretion to block users from certain IP addresses
from accessing and using the Services.
Limited Warranty and Disclaimers
We try to keep our Services safe, secure, and functioning properly, but
we cannot guarantee the continuous operation of or access to our
Services. If you notify us by email at the following address
support@Dirgrid.com within ten (10) days of receipt of a Service that
such Service was defective, then we will review the situation and, if we
determine that the Service was defective and that we are responsible for
such defect, we will, at our choice, either re-perform the Service at no
extra charge or reimburse to you the amount you paid for the portion of
the Service that was defective. You agree that this shall constitute
your sole and full remedy for any defects in the Services. EXCEPT FOR
THE FOREGOING WARRANTY, THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY
DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING
OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE
SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
UNINTERRUPTED, SECURE, OR ERROR FREE BASIS. EXCEPT AS OTHERWISE PROVIDED
HEREINABOVE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
FROM US OR THROUGH THE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
Limitation on Liability
YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SERVICES;
DELAYS OR DISRUPTIONS IN THE SERVICES;
CONTENT CONTAINED IN SERVICES AND DATABASES MADE AVAILABLE FOR THIRD
PARTIES, INCLUDING VAT TAX AND FEE TABLES;
THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING CONTENT
PUBLISHED USING OUR SERVICES;
VIRUSES OR OTHER MALICIOUS SOFTWARE CONTAINED IN THE SERVICES OR
GLITCHES, ERRORS, OR INACCURACIES IN THE SERVICES;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
ANY OTHER MATTER RELATING TO THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO US FOR USE OF THE SPECIFIC SERVICES THAT GAVE RISE TO THE LIABILITY.
IMPORTANT INFORMATION RELATING TO WARRANTY DISCLAIMER AND LIMITATION OF
LIABILITY: BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES, IN
SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL
RIGHTS ACCORDING TO THE APPLICABLE LAWS OF COUNTRY FROM WHICH YOU
VALIDLY ACQUIRED AND USE THE PRODUCT AND IN WHICH CASE THE LIABILITY OF
DIRGRID AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW.
Indemnity
You agree to defend, indemnify, and hold Dirgrid, its subsidiaries and
affiliates, and its respective officers, directors, employees and
agents, harmless from and against any claims, liabilities, damages,
losses, and expenses, including, without limitation, reasonable legal
and accounting fees, arising out of or in any way connected with your
access to or use of the Services or Dirgrid or Content originating from
You or Your Users, your breach of any law or the rights of a third
party, or your violation of these TOS. If you have a dispute with one or
more users, you release us (and our affiliates and subsidiaries, and our
and their respective officers, directors, employees and agents) from
claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, arising out of or in any way connected with
such disputes. In entering into this release you expressly waive any
protections (whether statutory or otherwise) that would otherwise limit
the coverage of this release to include only those claims which you may
know or suspect to exist in your favor at the time of agreeing to this
release.
Termination
We may terminate this agreement, your Account or your use of the
Services or access to Your Content, at any time and for any reason, by
giving you at least ten (10) days written notice of our intention to do
so, termination being effective as of said date. In such case, you shall
be entitled to obtain, as full compensation, the pro rata refund of any
prepaid subscription fee paid to us and corresponding to the period
after the date of the termination. Payment of such compensation
constitutes your sole and full remedy for termination by Dirgrid of this
agreement, your Account, your use of the Services and access to Dirgrid
Content. In addition, if we believe that a material breach of these TOS
has been committed by you, we shall give you a notice of such breach. If
you fail to remedy the breach within ten (10) days of receipt of the
notice, then we shall have the right to terminate forthwith this
agreement, your Account, your use of the Services and access to Dirgrid
Content without judicial proceeding by giving you a written notice of
termination.
In the event of any termination, whether by you or us, Sections 5, 6(g),
7, 9-12, 15, 16(c), 16(d) and 16(f) of these TOS will survive and
continue in full force and effect.
If your Account is cancelled, we do not have an obligation to return to
you any content or data you have posted to the Services.
Links and Third Party Services
The Services, or third parties, may provide links to other sites or
online services. Because we have no control over such sites and
services, you acknowledge and agree that we are not responsible for the
availability of such external sites or services, and do not endorse and
are not responsible or liable for any content, advertising, products or
other materials on or available from such sites or resources. You
further acknowledge and agree that we shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or
resource.
Applicable Law and Competent Jurisdiction
The TOS and the relationship between you and Dirgrid will be governed by
the laws of France, without giving effect to any choice of law
principles that would require the application of the laws of a different
country or state. You can contact us at support@Dirgrid.com regarding
any concerns you have regarding the Services. Most concerns are quickly
resolved in this manner to our customer’s satisfaction. The parties
shall use their best efforts to settle any dispute, claim, question, or
disagreement directly through consultation and good faith negotiations,
which shall be a precondition to either party initiating a lawsuit. If
the parties do not reach an agreed upon solution within a period of 30
days from the time informal dispute resolution is pursued, to the extent
permitted by applicable law, all controversies, disputes, demands,
counts, claims or causes of action between you and Dirgrid arising out
of, under, or related to this TOS, shall be submitted to the exclusive
jurisdiction of the courts of Paris, France, even in case of summary
proceedings, multiple defendants or appeals.
General Provisions
Notices and Electronic Communications.
By using the Services, you consent to receiving electronic
communications from us. These communications may include invoices,
notices about your account, confirmation e-mails and other transactional
information, and information concerning or related to the Services, and
may include newsletters and promotional communications from us if you
have chosen to receive such communications during sign-up and have not
opted out. You agree that any notice, agreements, disclosure or other
communications that we send to you electronically will satisfy any legal
communication requirements, including that such communications be in
writing. You agree to receive calls, including autodialed and/or
pre-recorded message calls, from us at any of the telephone numbers
(including mobile telephone numbers) that we have collected for you,
including telephone numbers you have provided us, or that we have
obtained from third parties or collected by our own efforts. If the
telephone number that we have collected is a mobile telephone number,
you consent to receive SMS or other text messages at that number.
Standard telephone minute and text charges may apply if we contact you
at a mobile number or device. You agree we may contact you in the manner
described above at the telephone numbers we have in our records for
these purposes:
To contact you for reasons relating to your account or your use of our
Services (such as to collect a debt, resolve a dispute, or to otherwise
enforce our TOS) or as authorized by applicable law.
To contact you for marketing, promotional, or other reasons that you
have either previously consented to or that you may be asked to consent
to in the future. If you do not wish to receive such communications, you
can opt-out by [support@Dirgrid.com].
We may share your telephone numbers with our service providers (such as
billing or collections companies) who we have contracted with to assist
us in pursuing our rights or performing our obligations under the TOS,
our policies, or any other agreement we may have with you. These service
providers may also contact you using autodialed or prerecorded messages
calls and/or SMS or other text messages, only as authorized by us to
carry out the purposes we have identified above, and not for their own
purposes.
We will not share your telephone number with non-affiliated third
parties for their purposes without your explicit consent, but may share
your telephone numbers with our affiliates, who will only contact you
using autodialed or prerecorded message calls and/or SMS or other text
messages, if you have requested their services.
TERMS OF SERVICES
Service Testing
From time to time, we test various aspects of the Services, including
our website, user interfaces, service levels, promotions, features, and
pricing, and we reserve the right to include you in or exclude you from
these tests without notice. You acknowledge and agree that such testing
may from time to time temporarily impair or change parts of the
Services.
Linking and Framing
You may not frame the Services. You may link to the Services, provided
that you acknowledge and agree that you will not link the Services to
any website containing any inappropriate, profane, defamatory,
infringing, obscene, indecent, or unlawful topic, name, material, or
information or that violates any intellectual property, proprietary,
privacy, or publicity rights. Any violation of this provision may, in
our or any of our affiliates’ discretion, result in termination of your
use of and access to the Services effective immediately.
Assignment
You may not assign your rights or obligations under or transfer these
TOS, by operation of law or otherwise, without our prior written
consent. We may assign or transfer these TOS, in our sole discretion,
without restriction. Subject to the foregoing, these TOS will bind and
inure to the benefit of the parties, their successors and permitted
assigns.
Export Control Laws
We do not represent that the materials in the Services are appropriate
or available for use in any particular location. Those who choose to
access the Services do so on their own initiative and are responsible
for compliance with all applicable local laws, including, if you are in
the United States, any applicable export control or foreign assets
control regulations.
Force Majeure
We shall not be liable for any delay or failure to perform resulting
from causes outside our reasonable control, including without limitation
any failure to perform hereunder due to unforeseen circumstances or
cause beyond our control such as acts of God, war, terrorism, riots,
embargoes, acts of civil or military authorities, fire, floods,
accidents, strikes, or shortages of transportation facilities, fuel,
energy, labor or materials. In the event of force majeure, the
obligations of this agreement are suspended. If the event of force
majeure continues for more than one month, this agreement is
automatically terminated without formal notice.
Miscellaneous
You acknowledge that this TOS, the guidelines and policies incorporated
herein, either in their entirety or by explicit reference, constitute
the entire agreement between you and us and govern your use of the
Services. If any provision of the TOS is found invalid or unenforceable,
that provision will be enforced to the maximum extent permissible by
law, and the other provisions of the TOS will remain in force. Our
failure to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision unless acknowledged
and agreed by us in writing. The section titles in this TOS are used
solely for the convenience of you and us and have no legal or
contractual significance. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent
or similar breaches. We do not guarantee we will take action against all
breaches of the TOS. No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or
created by the TOS.
Contacting Dirgrid
If you have any questions about these TOS, please contact us at
support@Dirgrid.com. Alternatively you may contact us by mail at 17 rue
Berteaux Dumas, 92200 Neuilly sur seine, France.