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Dashboard24 – Terms of Use

Version 6.0
Last amended 13th July, 2020
Individual entrepreneur Samko Maksym, hereafter referred to as DASHBOARD24 - is a company providing services listed on the website https://dashboard-24.com/ (hereafter referred to as Website), as well as SaaS DASHBOARD24 (hereafter referred to as SaaS or DASHBOARD24), the application DASHBOARD24 (hereafter referred to as API) and other services (collectively referred to as services).

DASHBOARD24 is designed for creating, managing and analyzing users company data.

These Terms are a binding agreement between You (hereafter referred to as User) and Individual entrepreneur Samko Maksym.

These Terms apply to the entire content of the website at https://dashboard-24.com/, the use by you of SaaS DASHBOARD24, API provided through the Website or by DASHBOARD24 and any correspondence between us. If you use Services then you indicate that you accept these Terms regardless of whether or not you chose to register to use the Services. If you do not accept these terms, then please do not use the Services.

By subscribing to the service, you agree to the following terms and conditions (the "Agreement") governing your use of the Services, including Offline components, if any.

These terms of use are to explain and detail our obligations as a service provider and your obligations as a customer and consumer of the service. Please read them carefully.

These Terms are binding on any use of Services and apply to you from the time started using the Services.

Administrator reserves the right to change these Terms at any time, effective upon the posting of modified terms and the user is considered notified of changes after their publication on the website, SaaS or the API. Although it is likely that the terms of use will not change over time, it is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website or SaaS DASHBOARD24, the application DASHBOARD24.
1. Definitions
"Access Fee"
Means the fee (excluding any taxes and duties) payable by you in accordance with conditions on the Website (which Administrator may change from time to time on notice to you on the Website).
"Confidential Information"
Includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.
"Data"
Means any data entered by you into the Website, SaaS, API, either manually or automatically.
"Intellectual Property Right"
It means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
"Website"
Means the Internet site at the domain https://dashboard-24.com/ or any other site operated by Administrator.
"You"
Means you and includes your contractors, consultants, representatives agents and any other business associated parties.
2. Use of Services
Administrator grants you the right to access and use the Services via the Website or in another way according to your subscription type. This right is non-exclusive and non-transferable and limited by these Terms.
3. Your Obligations
3.1 Payment obligations
The User has the right to use the Services for free or for a paid subscription. Payment subscription is possible for 1 month, 3 months, 6 months, 1 year as indicated in https://dashboard-24.com/price/. In order to make a payment, you must link your bank card and Stripe or LiqPay, or other selected by Administrator service, itself will debit the money according to the chosen period. If the payment is not made, access to the paid account is blocked until the time of payment. If there was a problem with payment, Administrator send a letter to the User with an error notification.

Payment rules are specified in this Terms, on the Website and in the rules of Stripe or LiqPay, or other selected by Administrator service.

Payment for using the application DASHBOARD24 by link https://apps.apple.com/ua/app/fixpoint/id1464669206?l=ru isn`t payable.
3.2 General obligations
You must only use the Services for your own lawful internal business purposes, in accordance with these Terms and any notice sent by Administrator or posted on the Website.
3.3 Access conditions
You will ensure that all usernames and passwords required to access the Services are kept secure and confidential. You will immediately notify Administrator of any unauthorized use of your passwords or any other breach of security and Administrator will reset your password. You can also reset your password from the owner administration account. As a condition of these Terms, when accessing and using the Services, you must:

  • not attempt to undermine the security or integrity of DASHBOARD24`s computing systems or networks or, where the Services is hosted by a third party, that third party's computing systems and networks;
  • not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Website, SaaS, API are hosted;
  • not transmit, or input into the Services, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and
  • not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Services except as is strictly necessary to use either of them for normal operation.not use, or misuse, the Services in any way which may impair the functionality of the Services, or impair the ability of any other user to use the Services.
3.4 ВIndemnity
You indemnify Administrator against all claims, costs, damage and loss arising from your breach of any of these terms or any obligation you may have to Administrator , including (but not limited to) any costs relating to the recovery of any Access Fees that have not been paid by you.
3.5. Refund Policy
Administrator doesn`t refund in case the services are provided according to the fare paid (subscription) indicated on https://dashboard-24.com/price/.

The user has the right to appeal to Administrator return for payment within 14 calendar days from the date of payment only if the services were not provided by the fare conditions (subscription), unless otherwise provided by the legislation of Ukraine.

If you want to ask for a refund, please email our setup experts at support@fixpoint.cloud.
4. Confidentiality and Privacy
4.1 Confidentiality
Unless the relevant party has the prior written consent of the other or unless required to do so by law:

  • Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

  • Each party's obligations under this clause will survive termination of these Terms.

  • The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:

  • is or becomes public knowledge other than by a breach of this clause;

  • is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

  • is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or

  • is independently developed without access to the Confidential Information.

4.2 Privacy
Administrator maintains Privacy and Cookie policy that sets out the parties' obligations in respect of data. You should read that Privacy and Cookie policy since you will be taken to have accepted it when you accept these Terms.
4.3 Legislation
Administrator adheres to the guidelines set out in Ukraine.
5. Intellectual Property
5.1 General
Title to, and all Intellectual Property Rights in the Services and any documentation relating to the Services are remain the property of Administrator (or his licensors).
5.2 Data
Title to, and all Intellectual Property Rights in the Data remain your property. However, if you have a paid account your access to the account is contingent on full payment of the Access Fee. You must maintain copies of all Data entered into the Services. Administrator adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Administrator expressly excludes liability for any loss of Data no matter how caused.
6. Warranties and Acknowledgments
6.1 Acknowledgment:
You are authorized to use the Services, and to access the information that you access using the them.

If you are using the Services on behalf of or for the benefit of an organization (whether a body corporate or not) then Administrator will assume that you have the right to do so and that organization will be liable for your actions or omissions (including any breach of these Terms).

The provision of, access to, and use of, the Services is on an 'as is' basis and at your own risk.

Administrator does not warrant that the use of the Services will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Services , including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Administrator is not in any way responsible for any such interference or prevention of your access or use of the Services.

Although the system will be updated regularly - It is your sole responsibility to determine that the Services meets the needs of your business.
6.2 No warranties
Administrator gives no warranty for the Service. Without limiting the foregoing, Administrator does not warrant that the Service will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchant ability, fitness for purpose, title and non-infringement.
6.3 Consumer guarantees
You warrant and represent that you are acquiring the right to access and use the Service and agreeing to these Terms for the purposes of a business. To the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the website or these Terms.
7. Limitation of Liability
To the maximum extent permitted by law, Administrator excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the Services.

From time to time Administrator employees (if there are any) may offer advice on user's accounts as part of their support functions, this advice includes but is not limited to setup, this may also include changing ( but not limited to) of DASHBOARD24. This advice is offered in good faith and it is the sole responsibility of you to check the impact of any advice or changes on your business, and to this end Administrator excludes all liability and responsibility to you (or another person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the support changes or advice given by Administrator employees.

If you suffer loss or damage as a result of Administrator's negligence or failure to comply with these Terms, and claim by you or your organization against Administrator arising from Administrator's negligence or failure will be limited in respect of any one incident, or series of connected incidents to the last access fees paid by you. If you are not satisfied with the Services, your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
8.Termination
8.1 No-fault termination
These Terms will be valid for the period of use of the Services by the User. These Terms will automatically continue for the same period unless either party terminates these Terms by giving notice to the other party at least 30 days. Breach: If you:

  • breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;

  • breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) the delay in any payment); or

  • the paying subscriber goes into liquidation or has a receiver or manager appointed of any of its assets or becomes insolvent, or makes any arrangement with its creditors, or becomes subject to any similar insolvency event in any jurisdiction,

Administrator may take any or all of the following actions, at its entire discretion:

  • Terminate these Terms and your use of the Services;

  • Suspend for any definite or indefinite period of time, your use of the Services;

  • Perform any of the steps above in respect of any other persons in your organization or who have access to your information or that of your organization.
8.2 Accrued Rights
Termination of these Terms is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement you will:

  • immediately cease to use the Services.
  • remain liable for any accrued charges and amounts which become due for payment before or after termination.
8.3 Payment terms
Payment for services is made according to the conditions specified on the website https://dashboard-24.com/. Payment is not refundable. There will be no refunds or credits for partial months or years of service, upgrade/downgrade accounts, or for months / years unused with an open account. Only an individual on his own behalf has the right to make payment.
8.4 Expiry or termination
Clauses 3, 4, 5, 6, 7, 8, 9 and 10 survive the expiry or termination of these Terms.
9. Help desk / Support
9.1 Technical Problems:
In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting the Administrator. If you still need technical help, please email us at support@fixpoint.cloud.
9.2 Service availability
Whilst Administrator intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place.

If for any reason Administrator has to interrupt the Services for longer periods than Administrator would normally expect, we will use reasonable endeavors to publish in advance details of such activity.
10. General
10.1 Entire agreement
These Terms, together with the DASHBOARD24 Privacy and Cookie policy and the terms of any other notices or instructions given to you under these terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Administrator relating to the Services and the other matters dealt with in these Terms.
10.2 Waiver
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
10.3 Delays
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
10.4 No Assignment
You may not assign or transfer any rights to any other person without Administrator's prior written consent. These Terms of Use will be governed by and construed in accordance with the laws of Ukraine. Any claims, legal proceeding or litigation arising in connection with the software or website will be brought solely in courts of Ukraine, and you consent to the jurisdiction of such courts.
10.5 Sever ability
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
10.6 Notices
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Administrator must be sent to support@fixpoint.cloud or to any other email address notified by email to you by Administrator. Notices to you will be sent to the email address which you provided when setting up your access to the Service.
10.7 Rights of Third Parties
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
10.8. English version controls
Non-English translations of this Policy are provided for convenience only. To avoid any conflicts in definitions, the English version shall control.