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Terms

Description of the Service

Dantelo provides mobile presence and location services to help other users track and see their availability. Independent contractors and others use the service to manage various aspects of their business. Through the Services, you may be able to access, and post Content to, both our platform as well as third party platforms and related services. “Content” includes any materials that you or other Users post to the Service, including articles, photos, videos, discussion posts, presence and location information, and other information about your or another User’s business, company or professional services. The Services may also enable you to comment upon certain Content that our other Users have posted to the Service. Further, the Services may also provide you with access to features and content that are provided by Dantelo.

For more information about the Service, please contact us at mailto:support@dantelo.com

 

Dantelo ApS – Terms Of Service

Last Revised: May 2018

This Terms of Service Agreement (the “Terms” or Agreement”) is an agreement between you (the “User” or “your”) and Dantelo, ApS (“Dantelo” “we” us” or “our”). We work with Users to create an easy to use tool that can track and log your availability. These Terms apply to your use ofwww.dantelo.com, the Service and any related websites or platforms, and all other online products and services (collectively, the “Service” or the “App”) of Dantelo. This Agreement explains our obligations to you, and your obligations to us. By using the Service in any way you are agreeing to comply with these Terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the site or on the App. If you have been provided access to the Service through your relationship with a third-party company, you acknowledge that such company is not a party to this Agreement.

 

Changes to these Terms

These Terms may be changed from time to time. You should review the Terms regularly to know about our practices. If changes are made, the date at the top of the policy will be updated indicating to you that a change has been made. We may at our discretion, provide you with additional notice (such as sending you an email notification). Any changes we make to these Terms will be effective when they are posted. If you use the Service after we have posted the changed Terms, then you have accepted the changes to these Terms.

 

Privacy Policy

For information about how we collect, use and share information about you via the Service, please see our Privacy Policy.

 

Right to Use the Service

So long as you fully comply with these Terms, Dantelo grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service.

Except as expressly authorized by these Terms, you may not: (a) disassemble, decompile or reverse engineer any of the software components of the Service; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service; (c) modify, disclose, alter, translate or create derivative works of the Service; (d) copy, frame or mirror any part of the Service; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Service or its related systems or networks.

 

Account Creation

When you access a member account, you agree to maintain the security of your password. If anyone other than yourself accesses your account, they may perform any actions available to you, and accept any legal terms available therein, all such activity will be deemed to have occurred on your behalf and in your name. You are encouraged to keep your log-in credentials confidential. A compromised password can lead to your sensitive and personal information being leaked. If you discover or suspect any Service security breaches, inform us immediately. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Dantelo reserves the right to deny, deactivate, or terminate any account at our discretion.

 

License

Subject to the terms, conditions and limitations set forth in the Terms, Dantelo grants you a nonexclusive, worldwide, personal, non-assignable, non-sub licensable, non-transferable and revocable license to use the Service or App on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Dantelo that replace and/or supplement the original the Service or App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

 

Restrictions

You agree not to do, or authorize or permit any third-party to do, any of the following: (i) rent, lease, lend, sell, redistribute or sublicense the Service or App; (ii) take any action that would result in the Service or App becoming available over a network where it could be used by multiple devices at the same time; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Service or App, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Service or App. If you violate any of the restrictions set forth in the Terms, your rights to use the Service or App will immediately cease, and you will have infringed the copyright and other rights of Dantelo, which may subject you to prosecution and damages. Dantelo reserves all rights not expressly granted to you in the Terms.

 

Subscription Terms

Dantelo offers a one month free of charge use, but after the initial month the Service or App is only available through a subscription. Pricing is subject to change. The benefits associated with the Service or App are subject to change on an ongoing basis. Subscriptions renew automatically for successive monthly or annual subscription periods (as applicable) until cancelled.

If you initiated your Dantelo subscription through Apple or Google, Payment will be charged to iTunes or Google Play Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period and the Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. You can visit their respective support pages online for information about managing your auto-renewing subscription.

If you initiated your Dantelo subscription from Dantelo, please contact Dantelo at support@dantelo.com with your written request for cancellation. Cancellations received with at least seven (7) days prior notice are effective at the end of the then-current subscription period; cancellations received fewer than seven (7) days before the end the then-current subscription period are effective at the end of the next subscription period. Dantelo may cancel your subscription with or without cause at any time. If Dantelo cancels your subscription without cause before the end of your subscription period, you may be entitled to a refund (prorated for the time remaining on your subscription period). Otherwise, subscriptions are non-refundable except as expressly set forth in writing by Dantelo. Termination of your Dantelo subscription will automatically terminate these Terms.

 

Service and Discount Codes

Dantelo at its discretion may issue codes that allow you to receive a discount to the Service or App or other benefits. Discount or Service codes, if available, must be redeemed at the time you order a subscription to Dantelo and cannot be combined with any other discounts, promotions or offers without Dantelo’ express consent. Redemption of service codes is subject to Dantelo’ approval and valid registration with Dantelo. Service codes are not transferable except with our express consent. You are solely responsible for the payment of any taxes that you incur as a result of using any service code. Additional services code terms may apply.

 

Informational Purposes Only

The Services are for your basic informational purposes only. Dantelo does not provide professional or legally binding tax or legal services. You in your sole discretion must decide whether or not to utilize the platform provided by Dantelo. While we offer information and tools to help you manage your business, we do not provide professional advice and have no liability for your reliance on any information obtained through your use of the Services (whether provided by Dantelo or its users).

 

Dantelo’s Rights

You own all of your Content. However, when you post, link or otherwise make available Content to the Service, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any manner or media, on or off the Service. As between you and Dantelo, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Dantelo or is used with permission. Dantelo reserves all rights not expressly set forth in these Terms.

 

Third Party Materials

Third party content or services may be made available on or through the Services as a convenience to our users (for example, links to third party websites) (“Third Party Materials”). Third Party Materials is not under our control nor does Dantelo endorse it, nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Services, these Terms and all other Dantelo policies will not govern your use of other websites and services.

 

Personal Data Collected by Third Parties

Personal Data about you might be given to us from other sources such as in-app chat support, email, telephone, or from companies that distribute the Services by way of a co-branded or private-labeled website, companies that offer their products and/or services via the Services, or companies that provide services (such as payment processing services) in connection with the Services (collectively, “Partner Companies”). Our Partner Companies may supply us with Personal Data that was not already available to us. We may add this information-to-information we have already collected via our Services in order to perform and improve the Services. This Privacy Policy applies only to the use and disclosure of Personal Data that we collect while you use the Services. When you click on a third party link, you will leave our site and go to another site. Your connection to and use of such third party website and/or services are subject to such third party’s terms and conditions and privacy policy.

 

Location Information

Dantelo collects location information and it will be used and disclosed as described in the Privacy Policy. You acknowledge and agree that by accepting the Terms you are consenting to Dantelo’ collection and use of that information as it sees fit.

You may revoke your consent with respect to Dantelo’s collection, use, disclosure and storage of your location information at any time by contacting support@dantelo.com and deleting the app from your mobile device. If you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

 

Third-Party Beneficiary

Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms and the parties acknowledge and agree that upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.

 

 

Relationship with Dantelo

Your use of the Services or App does not create any other type of relationship between you and Dantelo ApS. Including but not limited to any agency, partnership, joint venture, or employment relationship, or any obligations by Dantelo to you or any other User except as otherwise expressly stated in these Terms or any other written agreement signed by an authorized agent of Dantelo.

 

Disclaimers

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL DANTELO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TO THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF DANTELO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF DANTELO’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY AMOUNTS PAID BY YOU TO DANTELO FOR THE SERVICES.

 

Indemnification

You will defend, indemnify Dantelo and its affiliates, directors, officers, employees, strategic partners, licensors, and any other related party against all liabilities, damages, losses, costs, fees (including legal fees) and expenses arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using the Service or App account.

 

Changes to the Service

Dantelo reserves the right to make changes to the Terms from time to time. When changes are made, Dantelo will make a new copy of the Terms available. Dantelo will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.

 

Consent to Electronic Communications

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@dantelo.com.

 

Suspension and Termination

Dantelo may suspend or terminate your rights to access or use the Service for any reason or for no reason at all and with or without notice at Dantelo’s discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at support@dantelo.com

 

Governing Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH DANTELO AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DANTELO. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE GOVERNED BY DANISH LAW.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Dantelo agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the Danish Arbitration Association in Copenhagen, Denmark. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Dantelo are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Dantelo intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the Danish Arbitration Association before a single arbitrator in Copenhagen, Denmark. The language of all proceedings and filings will be Danish. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

 

General

Enforcement of these Terms is solely at Dantelo’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms. You should never use an App while operating your vehicle.

 

Severability

If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect.

 

Developer Name and Address

Any end-user questions, complaints or claims with respect to Dantelo should be directed to:

Dantelo ApS

Københavnsvej 81

 

4000 Roskilde

Denmark

Email: support@dantelo.com