Terms & Conditions
Last Updated on April 1, 2022
Please read these Online Account Terms of Service (“Terms”) carefully. Dunasi Tech, LLC (“Company”, “we”, “us” or “our”) provides access to this website and the mobile application (collectively, our “Platform”), including all of their features and content is a service made available by Company and all content, information, and services (“Company Content”) provided through the Platform is to be used solely under the proceeding Terms. These Terms are a binding electronic contract between you and Company. By accessing, or using the The Company Content you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not use or access The Company Content or the Platform.
Arbitration notice: except for certain types of disputes described in the arbitration clause below, you agree that disputes between you and Company will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit or class-wide arbitration.
Modifications to these Terms
We may, at our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available to you within the Platform. If we make material changes to these Terms, we will notify you via email or within the Platform by posting a conspicuous notice prior to the effective date of the changes. You may be required to opt-in to the revised Terms to continue to access the Company Content or Platform. By continuing to access or use the Company Content or the Platform after those changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you may cease use of the Company Content and the Platform.
Not Legal Advice
The Company Content, including the Platform, including any other content or information, is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to the Platform considered or treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of the Company Content, the Platform, or any content or information linked form the Company Content or the Platform is at your own risk.
We reserve the right to modify or terminate the Platform or your access to the Company Content or the Platform for any reason, at any time, and without liability to you. We have no responsibility or liability for any outcomes using the Company Content or the Platform.
We strive to have uptime for the Platform at a minimum of 95% of the time and will use commercially reasonable efforts to inform you when the Platform will be down for maintenance. However, we make no representations as to the availability or usefulness of the Platform or the Company Content.
You also represent that all information you provide to Company and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
Your access to the Company Content and the Platform is an offer on your part to enter into a contract, which Company may reject. Furthermore, we reserve the right to refuse access to the Company Content or the Platform or both to anyone for any reason at any time.
Access to the Company Content and to the Platform is conditioned upon your payment in full of the then-current registration fees, if any. Current fees for access to the Platform are posted in the respective app stores and may change from time to time. Fees for access to the Company Content or the Platform access are billed accordingly to app store policies. Payments and fees are non-refundable. We have no responsibility or liability if the applicable financial institution declines your payment, however, we will notify you if your payment is declined.
Company will pass through and/or charge you any applicable sales or transaction taxes arising from your use of or registration for the Platform. Taxation for the provision of this type of cloud computing service is rapidly evolving. As a result, Company reserves the right to change the manner in which it calculates such taxes to meet changing tax obligations without notice. If Company discovers that taxes were computed or collected incorrectly, we will adjust your payments accordingly.
Use of the Company Content and the Platform
By submitting your personal information, you do not have any ownership or other property interest in the Company Content or the Platform. The Company Content, the Platform, and all rights in the Company Content or the Platform are owned by Company. However, subject to your compliance with these Terms, you are allowed to use the Company Content or the Platform as set forth in these Terms.
You are responsible for any activity that occurs through the access to the Company Content and any data charges and/or SMS charges you incur through use of the Platform. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, links and other content or materials that you submit or otherwise use via the Platform (collectively, “User Data”).
We may, but have no obligation to, remove, edit, block, and monitor User Data we determine, in our sole discretion, violates these Terms. You understand and agree that Company cannot and will not be responsible for the User Data submitted to the Platform and you use the Platform at your own risk. By accessing or using the company content and the Platform you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Platform.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Use the Company Content or the Platform for any purpose that is illegal, unauthorized, beyond the scope of its intended use, or engage in, encourage, promote, advocate or assist any third party in any activity that violates these Terms or is otherwise prohibited in these Terms or the terms of any third party that govern a particular Platform;
- Interfere with or disrupt servers or networks used by Company to provide the Company Content or the Platform or used by other users to access the Platform, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of the Company Content or the Platform;
- Intercept, examine, monitor or otherwise observe any proprietary communications protocol used by a device, a client or a server communicating with the Platform, whether through the use of a network analyzer, packet sniffer or other device or software, unless expressly authorized by the company;
- Use any robot, bot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Platform or to extract data;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Company Content or the Platform, or any component thereof, or circumvent measures employed to prevent or limit access to any area, content, or source code of the Company Content or the Platform;
- Use or attempt to use another user’s User Data without authorization or otherwise impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Attempt to compromise any security measures or circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Platform that you are not authorized to access;
- Attempt to represent in any manner that you have a relationship of any kind with us or that we have endorsed you or any products or services without our express written consent to do so;
- Submit or use any Content that is unlawful or otherwise infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
- Reproduce, duplicate, copy, buy, sell, trade, resell or exploit for any commercial purpose any portion of the Company Content or the Platform, including your User Data, Company Materials, or access to or use of the Company Content or the Platform, or Company Materials without our prior written consent; and
- Develop any third party applications that interact with the Company Content, the Platform, or Company Materials without prior written consent from Company.
Term and Termination of Your Account
The term of these Terms will commence upon access to the Company Content or Platform. These Terms will continue until you cease all access to the Company Content and the Platform.
We may also terminate your access to the Company Content or the Platform if we believe you have materially breached these Terms or your use of the Company Content or the Platform otherwise presents any legal or other risk to Company or any third party.
Upon termination, all licenses and other rights granted to you in these Terms will immediately cease and your User Data and the Company Content and the Platform will no longer be accessible.
Your User Data
Company does not claim ownership of your User Data. As between you and Company, you retain ownership of any intellectual property rights that you hold in your User Data. By posting User Data to or through the Platform, you grant Company an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sub-licensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display your User Data.
Unless otherwise stated, the Platform and all materials contained on or within the Platform are provided by Company, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, and written and other materials (collectively, “Company Materials”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws.
Subject to your compliance with these Terms, Company grants you a limited, nonexclusive, non-sub-licensable license to access and use the Platform and Company Materials. This license is revocable at any time as further contemplated by these Terms. You may not:
(1) distribute, publicly perform or publicly display any Company Materials;
(2) modify or make any derivative uses of the Platform or Company Materials, or any portion thereof;
(3) Download any portion of the Platform, Company Materials, or any information contained therein, except as expressly permitted by the Platform;
(4) copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Company Materials, the Platform, the Application the Website or any related software, except as expressly stated in these Terms; or
(5) use Company Materials in any manner except as necessary to use the Platform as provided by Company.
Company does not grant you any other right or license to use the Company Materials. Unauthorized use of Company Materials is a violation of these Terms, which may result in the termination of your Account, and may constitute a violation of applicable federal and state laws.
You agree that completion of a survey, submission of feedback, suggestions, ideas, or other information or materials regarding Company, the Company Content, or the Platform that you provide, whether by email or otherwise (“Feedback”) is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You agree that Company may use the Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re- format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sub-license the foregoing rights, in connection with the operation and maintenance of the Company Content, the Platform or other technology of the Company in any form, medium, or technology now known or hereafter developed.
User Data Posting
Company may provide interactive areas for participation and User Data posting by its members. All users must also follow any other guidelines or rules posted for such areas. A failure to comply with any of those guidelines or rules, or any of the other provisions of these Terms, may result in, among other possible action, the immediate termination of all privileges to post User Data. Please report any violations of the Company guidelines or rules to Company, as provided for in the “Contacting Us” paragraph of these Terms.
You and other users of the interactive areas are solely responsible for the contents and consequences of the User Data including Feedback you communicate or post. You should exercise the utmost discretion before providing any personal information in your User Data including Feedback. Although Company is not obligated to monitor User Data, including Feedback, you acknowledge and agree that Company, in its sole discretion, has the right to monitor, without notice, any such User Data including Feedback. Company also reserves the right, in its sole and absolute discretion, to prohibit any conduct and remove any User Data including Feedback, without notice, for any reason.
You understand and agree that: (1) Company assumes no liability or responsibility for any Data including Feedback of any kind that is submitted for or posted by you or by any other users or third parties and (2) Company is a publisher of any such Data including Feedback, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.
Company respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide Company the following information, in the form prescribed by Section 512 of Title 17, United States Code:
- an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work or works that you claim have been infringed;
- a description of the allegedly infringing material, including its location on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Company’s Copyright Agent for notice of claims of copyright infringement is as set forth below in the “Contact Us” section, Attn: Copyright Agent.
Disclaimer of Warranties
The Company Content, The Platform, including, without limitation, Company Materials, and any website used to access the same, are provided "as is", "as available" and "with all faults". To the fullest extent permissible by law, neither Company, our shareholders, employees, managers, officers, and agents, (collectively, the "Company Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (A) The Company Content; (B) the Platform; (C) the Company Materials, including any website; (D) Content or third party content; or (E) security associated with the transmission of information to Company or via The Company Content or the Platform. In addition, the Company Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The Company Parties do not represent or warrant that The Company Content or the Platform will be error-free or uninterrupted; that defects will be corrected; or that The Company Content or the Platform or the server that makes The Company Content or the Platform available is free from any harmful components, including, without limitation, viruses. The Company Parties do not make any representations or warranties that the information (including any instructions) on The Company Content or the Platform is accurate, complete, or useful. You acknowledge that your use of The Company Content or the Platform is at your sole risk. The Company Parties do not warrant that your use of The Company Content or the Platform is lawful in any particular jurisdiction, and the Company Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these Terms.
The Company Parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Data including Feedback.
You warrant and represent that you will comply at your expense with all federal, state, foreign, and local statutes, rules, regulations, ordinances, directives, and orders of any governmental body or agency that apply to you or your use of The Company Content or the Platform.
By agreeing to these Terms you agree to indemnify, defend, and hold harmless any and all Company Parties from and against any and all charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) incurred as a result of or arising from any claim, complaint, allegation, lawsuit or demand arising out of or relating in any way to (a) your access to or use of The Company Content or the Platform; (b) Your User Data or any User Data including Feedback posted, uploaded, used, distributed, stored, or otherwise transmitted through your Access to The Company Content or The Platform; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
Limitation of Liability
Except where prohibited by law, in no event will Company or the Company Parties be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Platform; (b) the provision of The Company Content or the Platform or any materials available therein; or (c) the conduct of other users of The Company Content or the Platform, even if Company has been advised of the possibility of such damages. You assume total responsibility for your use of The Company Content or the Platform. Your only remedy against Company for dissatisfaction with the The Company Content or Platform or any content is to stop using the Platform. Notwithstanding the foregoing, in no event will Company’s liability to you for any damage or loss that arises out of or is in any way connected with these Terms or your use of The Company Content or the Platform or any content or Company Materials, exceed the fees paid by you to Company in the previous six (6) months, even if such amount should fail of its essential purpose. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Third Party Sites and Materials
There may be links from The Company Content or the Platform, or from images or content within The Company Content or the Platform, to third party websites or features. We do not control, maintain or endorse any content or materials provided by any third party. If you choose to access such third party websites or materials you do so at your own risk. We encourage you to visit the terms and policies applicable to such websites and materials.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement
All claims and disputes between the parties that cannot be resolved informally must be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the other party’s intellectual property or other proprietary rights, the non-breaching party may immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to seek immediate equitable relief without posting of a bond, proof of damages or other similar requirement.
This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of The Company Content or the Platform provided under the Terms.
The arbitration proceeding will be administered by the International Chamber of Commerce (“ICC”) pursuant to its Rules of Arbitration before an arbitrator selected by and pursuant to the rules of the ICC. Any final award may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration. Any such arbitration will take place at a location within the United States federal judicial district identified below and will apply the substantive law set forth below. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.
The decision of the arbitrator will be a final and binding resolution of the dispute. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.
This provision will survive the termination of your relationship with Company.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Company must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
Forum and Venue
A lawsuit, if any, by you or Company against the other will occur in state or federal court in Cook County, Illinois. You and Company agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and Company will be governed by the laws of the State of Texas and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any other questions or concerns regarding these Terms, please contact us by email at email@example.com or by phone at 469-290-9143 or by mail at 2400 N. Glenville Dr. Bldg. A, Richardson, TX 75082.