Terms of Service

👋 Welcome to Dashblock, we are really excited to get you aboard!

Before getting started, we just need to clarify our relationship so we recommend you to take a break, grab a glass of water and carefully read the following pages.


Introduction

These Terms of Service constitute a contract (referred to as “Contract”) between you (referred to as “you” or “User”) and Datap Inc. a Delaware Corporation doing business as Dashblock (referred to as “Dashblock” or “we”), operating in California, United States and Paris, France.
Terms apply to all Visitors, Users, Customers and others who wish to access to Dashblock’s website, apps and all content therein (referred to as “Service”).
Dashblock is a Service that allows you to access programmatically third-party websites and web-based apps (referred to as “Third-party Service”) to automate their usage (referred to as “Automation”).

Your use of the Service is governed by two agreements (collectively referred to as “Agreements”):
   - These Terms of Service
   - Our Privacy Policy.

Please, carefully read the Agreements before accepting them.If you do not agree or cannot comply with the Agreements, then you may not use the Service. Please let us know more about the reason that blocks you by emailing at legal@dashblock.com
In order to access our Service, you acknowledge that you have read, understood and accepted the Agreements, and agree to be bound of them.



User eligibility, agreement and consent

Eligibility

In order to use the Service, you must create an account (referred to as “Account”) and satisfy the eligibility criteria below :
   - you must be at least 18 years of age ;
   - you cannot create more than one personal Account ;
   - you can solely create an Account in your name using a professional email, and will not create an Account for anyone other than yourself, except with appropriate authorization including Dashblock’s express permission ;
   - you must not be suspended or removed from the Service.

If you don’t satisfy any of the above criteria, Dashblock reserves the right to terminate this contract and delete your Account immediately, without notice and/or refund.


Terms of Service

Entire agreement
This Contract constitutes the entire agreement between you and Dashblock relating to the subject matter herein.By checking the box and creating an Account, you accept and intend to be legally bound by Dashblock’s Terms of Service. The effective date of the Contract is the creation date of your Account.These Terms of Service will not be modified except in writing, signed by both parties, or by a change made by Dashblock as agreed in this document.In case you disagree with our Terms of Service, please do not sign up to the Service.

Amendments
Dashblock may amend the Terms of Service at any time by posting an amended version on its website.
It is your responsibility to review these Terms periodically so you are aware of any changes, as they are binding on you.
By continuing to access or use the Service after any revisions become effective, you accept the revised Terms and agree to be bound by them.If you do not agree to the new terms, you are no longer authorized to use the Service.


Consent

Account information
You consent to provide and maintain true, up-to-date and complete Account information. Dashblock reserves the right to refuse Service and terminate Accounts in its sole discretion.

Communications
Dashblock will use the email address of your Account to communicate :
   - For contractual purposes: we will notify you of legal-related information. You accept and agree that these electronic communications satisfy the same legal requirements that if it were in writing ;
   - For informational purposes: we will send you periodic information and news about the Service. You can opt out of such communication at any time.

Data retention and disclosure
You acknowledge and consent that Dashblock may access, retain and disclose Account information if required to do so :
   - To help you when contacting our Customer support,
   - To protect the rights, property and safety of our Users and Dashblock,
   - To comply with legal requirements,
   - To enforce these Terms of Service,
   - To answer to potential ownership or copyright claims.

For more information, please refer to our Privacy Policy.



Use of the Service

Free trial, subscription and payment

Free trial
Dashblock offers 100 free credits for each new account on the platform (referred to as “Free Trial”) to let its Users discover the Service before potentially subscribing to a plan.

At any time and without notice, Dashblock reserves the right to
   (i) modify the Terms of the Free Trial ;
   (ii) cancel such Free Trial.

Subscription
About the Subscription
The Service is billed on a subscription basis (referred to as “Subscription(s)”), in advance, on a recurring and periodic basis (referred to as “Billing Cycle(s)”).
Billing Cycles are set on a monthly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or Dashblock cancels it.
You may cancel your Subscription from the Account section at any time, and such termination is immediately effective.
A valid payment method, including debit/credit card, is required to process the payment for your Subscription. You shall provide accurate and complete payment and billing information.
By submitting such payment information, you automatically authorize Dashblock to charge all Subscription fees incurred through your Account to any such payment instruments.
Dashblock will automatically and immediately suspend the Service in case billing would fail to occur for any reason.

Fee change
Dashblock reserves the right to change Subscriptions prices at any time.
Such a change will be reflected on our website and we will notify you via email.
The Subscription fee change will become effective at the end of the then-current Billing Cycle and using the Service after the new pricing becomes effective constitutes your agreement to pay the new price.

Payment
You will be asked to supply certain information relevant to the payment of the Subscription including but without limitation to your bank account number or debit/credit card information.

You represent and warrant that:
   (i) you have the legal right to use any debit/credit card(s) or other payment method(s) in connection with any Subscription payment on your Account ;
   (ii) the information you supply to Dashblock is true, correct and complete.

We may employ the use of Third-party Services for the purpose of facilitating payment and its completion.
By submitting your information, you grant us the right to provide the information to these Third-party Services subject to our Privacy Policy.

We reserve the right to refuse or cancel your Subscription at any time and for reasons including but not limited to fraud, unauthorized or illegal transaction suspicion or other reasons.

Refund
Except when required by law, Subscription fees are non-refundable.

Dispute
If you contest a charge, you must notify us within thirty (30) days after the billing date.


User responsibility

Account and credentials
Account access and use
You are solely responsible for :
   - The confidentiality of your Account, including login information such as email and password ;
   - All activities that occur in your Account which includes the Automation that your execute and the data collected through it (referred to as "Data Collected") ;
   - By extent, the potential losses incurred to Dashblock or others due to any unauthorized use.

If your Account is no longer secure (e.g. your password has been disclosed), you must immediately notify us at hello@dashblock.com

Third party Service’s credentials
Dashblock can authenticate on your behalf to access and use Third-party Services programmatically.

In that case, you hereby authorize Dashblock to :
   - Securely store your credentials if you choose it ;
   - Use your credentials to log in such Third-party Services ;
   - Access such Third-party Services and use it on your behalf by executing the Automation you run.

You are solely responsible for maintaining the confidentiality of the credentials provided to access Third-party Services. Such credentials include for instance account ID, username, password, payment data etc.
You also agree that the automated use of these Third-party Services rely on the foregoing authorization granted by you and Dashblock disclaims any and all liability associated with your request to the Service.


Full responsibility

Dashblock disclaims any and all liability associated with your use of the Service.

Responsibility related to your use of the Service
You hereby agree and consent to be solely and fully responsible of your use of the Service and especially :
   - The Automation you run, independently of using an Automation built by yourself or by Dashblock's community members and team ;
   - By extent, the actions performed by the Automation and their potential consequences ;
   - By extent, the Data Collected by the Automation and the specific treatment they should receive depending of their character and potential copyright.

Responsibility related to website owner
You hereby attest to have the authorization, authority, and the right to grant Dashblock permission to access, navigate and gather data from Third-party Services, meaning you warranty that your use of the Service will not infringe any third-party terms of service, privacy policy or express request.
If you are not entitled to allow Dashblock to access, navigate and retrieve data from Third-party Services, you must not use such functionality, or immediately disable it.

Responsibility related to Personal data
If you use the Service to collect Personal data, you hereby attest and agree that:
   - Personal data is collected lawfully, and this data does not and will not violate any applicable laws, person or entity’s rights, including but not limited to privacy ;
   - Personal data does not contain elements that could impact the Service (viruses, trojans etc) ;
   - Personal data is collected in accordance with the privacy policy regulating those ;
   - You are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to this content ;
   - The Personal data collected complies with these Terms of Service.

Dashblock takes no responsibility and assumes no liability for any Personal data collected through the Service, and you solely assume full responsibility for those Personal data.


Allowed use

Dashblock grants you a personal, non-transferable and non-exclusive license to access and use the Service under these Terms of Service.
You have no right to sub-license or resell the Service, or any of its components.
Under these Terms of Service, violation of any restricted use constitutes a misuse of the Service and you consent that misuse of the Service gives Dashblock the right to immediately and permanently terminate your Account without any notice and/or refund.


Restricted use

Legal boundaries
You agree to not use the Service:
   - In any way that may result in legal action against you or Dashblock ;
   - For any purpose that is unlawful or prohibited by these Terms of Service ;
   - To promote or perform illegal activities ;
   - To attempt to or actually abuse or harm another person, or group of persons.

Use of the Service
You agree to not:
   - Use another User’s Account without permission ;
   - Use the Service to impersonate another person or fictional person ;
   - Access the Service if you are a direct competitor or have any competitive ambition, except with Dashblock’s prior written consent ;
   - Interfere or attempt to interfere with the proper functioning of the Service ;
   - Use the Service in any manner that, in our sole discretion could damage, disable, overburden, or impair it ;
   - Modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems and networks ;
   - Use our APIs or the collected data in any manner that violates the rights of any person, including but not limited to intellectual property rights, rights of privacy or rights of publicity ;
   - Reverse engineer, decompile or disassemble any portion of the Service ;
   - Remove, circumvent, disable, damage or otherwise interfere with the Service, including but not limited to security-related features or features that enforce limitations on the Service ;
   - Exploit commercially (e.g. sub-licensing, reselling, renting, leasing, transferring, assigning, time-sharing etc.) or make the Service available to any third-party ;
   - Use, adapt, modify or copy the content of the Service, either directly or indirectly, in whole or in part, in any form or by any means to create derivative work, bundle it, host it, publish it, or make it available to any third-party ;
   - Participate in, or do anything that would infringe or prejudice our proprietary rights.

Data collection
You agree to not use the Service:
   - To access, connect to or retrieve data from any Third-party Services without authorization or in excess of authorization ;
   - To access, connect to or retrieve data from any Third-party Services in violation of any terms of service, agreement, privacy policy, or any express or implied request from the Third-party itself ;
   - To infringe any copyright or other intellectual property, proprietary or moral right in any way ;
   - To circumvent any technological measure that controls access to and protects copying copyrighted content ;
   - To collect any Personal data from the Service itself.The restrictions set out in this Contract shall not apply only to the limited extent the restrictions are prohibited by applicable law.



Personal Information and Privacy

Please refer to our Privacy Policy for more details on how we collect and process your data in a secure, transparent and fair way.
To access our Service, you acknowledge that you have read, understood and accepted Dashblock's Terms of Service and Privacy Policy, and agree to be bound of them.



Intellectual Property and Copyright Policy

Intellectual Property

The Service is owned and operated by Dashblock, and protected by copyright, trademark, and other laws of the United States and foreign countries.
Dashblock's trademarks and trade dress may not be used without the prior written consent of Dashblock.
You agree that we retain ownership of all intellectual property rights related to the Service, except for the Data Collected.
This includes applicable copyrights, trademarks, and other proprietary rights including, but not limited to, the interfaces’ design, the graphical assets, our proprietary algorithms, the computer code, our documentations, and all other elements of the Service.
Also, you may submit comments, feedback or ideas about the Service and agree that your disclosure is gratuitous and without any restriction. Your comments or ideas will not place Dashblock under any fiduciary or other obligation, and we are free to use these without any additional compensation to you.Dashblock reserves all rights that are not expressly granted under this Contract.


Copyright Policy

Dashblock respects the intellectual property rights of others.
It is our policy to respond to any claim that Service infringes on the copyright or other intellectual property rights (referred as to “Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to legal@dashblock.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any content found on and/or through Service on your copyright.


DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Dashblock Legal team with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
   (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest ;
   (b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work ;
   (c) identification of the URL or other specific location on Service where the material that you claim is infringing is located ;
   (d) your address, telephone number, and email address ;
   (e) 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 ;
   (f) 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.

Dashblock Legal team can be contacted via email at legal@dashblock.com



Disclaimer

Change to Service
Dashblock reserves the right to withdraw or amend the Service in its sole discretion and without notice.
Dashblock will not be liable if for any reason, all or any part of Service is unavailable at any time or for any period. Furthermore, access may restricted to some parts of Service, or the entire Service, to Users, including Customer from time to time.



No responsibility

Damages

You agree that the use of the Service and by extent the potential consequences as well as Data Collected are at your own discretion and risk.
You are solely responsible for direct or indirect damages or losses resulting form :
   - The use or misuse of the Service ;
   - The inability to use the Service and the Data Collected with it ;
   - The actions performed by the Automation you run, and their consequences ;
   - The Data Collected, and the specific treatment they should receive depending of their character and potential copyright ;
   - The Content gathered with it ;
   - Any potential data corruption ;
   - Any potential malicious content such as viruses, trojans etc ;
   - Any potential connectivity or transmission problem ;
   - Any potential lack of availability of facilities, computing resources or data ;
   - Any potential event beyond Dashblock reasonable control.

Additionally, Dashblock does not guarantee the accuracy, completeness, or usefulness of any Data Collected using the Service.


Use of the content

You are solely responsible for the use of the Data Collected through the Service.Under no circumstances will Dashblock be responsible for any damages or losses resulting from reliance on the Data Collected using the Service.


No warranty

The Service is provided “as is” and without warranty of any kind, including but without limitation, the availability, reliability, accuracy, completeness, timeliness legality, suitability, privacy, security, quality or non-infringement. Dashblock does not warrant that the Service will be uninterrupted or error-free and that defects will be corrected.



Limitation of liability

In no event Dashblock’s liability to you will exceed $10.
You acknowledge and agree that Dashblock has offered the Service, set its prices, and entered into this Contract in reliance upon the disclaimers of warranty and limitations of liability set.
Those conditions reflect a reasonable and fair allocation of risk between you and Dashblock, and constitute an essential basis for the terms of our business relationship.
Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you. In such cases, Dashblock’s liability will be limited to the fullest extent permitted by applicable law.



Indemnity

You agree to defend and if required indemnify Dashblock from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third-party related to:
   - Your use or attempted use of the Service and the potential consequences of such use, in violation of these Terms ;
   - Your violation of any law, terms or right of any third-party.



Governing Law

This Contract and your use of the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.
If any part of these Terms of Service is held invalid or unenforceable, that portion of the contract will be construed consistent with applicable law.
The remaining portions will remain in full force and effect.
Any failure of Dashblock to enforce any provision of these Terms of Service will not be considered a waiver of our right to enforce such provision, and our rights under these Terms of Service will survive any Contract termination.


Claims

You agree that any cause of action related to your relationship with Dashblock must commence within one (1) year after the cause of action accrues.
Otherwise, such cause of action is permanently barred.
If you attempt to bring any legal action against Dashblock based in any way on the Service, you agree that in the event you do not prevail, or Dashblock does prevail, you will reimburse any costs and attorneys’ fees associated with our defense of the action.


Arbitration

You agree to resolve any claims relating to these Terms of Service through binding arbitration.
Any arbitration will be held in Palo Alto, California and conducted by the American Arbitration Association under its consumer arbitration rules.



Miscellaneous

Survival

Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, shall survive such termination or expiration.


No waiver

No waiver by Dashblock of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dashblock to assert a right or provision under Terms shall not constitute a waiver of such right or provision.


Severability

Any provision of this Contract which is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable in such jurisdiction shall be ineffective to the extent of such illegality, invalidity, or unenforceability.
Otherwise, such provision must be enforced to the maximum extent permitted by law in any other jurisdiction.


Assignment

These Terms of Service and any rights and/or licenses granted may not be transferred or assigned by you, but may be assigned by Dashblock without any restriction.


Contact

If you have questions about these Terms of Service, please contact us via email at legal@dashblock.com or via snail mail at Dashblock, 340 S. Lemon Ave. #6688, Walnut, CA 91789, United States.
If you want to reach customer support, send feedback, feature request or just say hello, please contact us via email at hello@dashblock.com.