Terms & Conditions
Last Updated: April 15, 2024
Welcome to dnmarklet. These Terms and Conditions ("Terms") govern your access to and use of the dnmarklet website, mobile applications, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.
1. Acceptance of Terms
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. Definitions
In these Terms, the following definitions apply:
- "Account" means the account created by a User to access and use the Services.
- "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
- "Order" means a request to purchase Products through the Services.
- "Products" means the fruits, vegetables, and other items offered for sale through the Services.
- "Subscription" means a recurring Order for Products at specified intervals.
- "User" means an individual who accesses or uses the Services.
- "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.
3. Account Registration and Use
3.1 Account Creation
To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
3.2 Age Requirement
You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.
3.3 One Account Per User
You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.
3.4 Account Termination
We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.
4. Services and Scope of Work
4.1 Services Description
dnmarklet provides mobile application development services, including but not limited to iOS app development, Android app development, cross-platform solutions, UI/UX design, and app maintenance services. The specific scope of work for each project will be detailed in a separate service agreement or statement of work.
4.2 Modifications to Services
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
4.3 Service Limitations
We will make reasonable efforts to ensure that our Services are available at all times. However, we do not guarantee that the Services will be uninterrupted or error-free. Access to the Services may be temporarily suspended due to maintenance, system upgrades, or other circumstances.
5. Intellectual Property Rights
5.1 Ownership of Services
The Services, including all content, features, and functionality, are owned by dnmarklet or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal or internal business purposes.
5.3 Restrictions
You may not:
- Copy, modify, or create derivative works based on the Services
- Reverse engineer, decompile, or disassemble any portion of the Services
- Remove any copyright, trademark, or other proprietary notices from the Services
- Use the Services in any manner that could damage, disable, overburden, or impair the Services
- Use automated scripts to collect information from or interact with the Services
- Use the Services for any illegal or unauthorized purpose
5.4 Project Intellectual Property
The ownership of intellectual property rights related to specific mobile application development projects will be governed by the terms of the separate service agreement or statement of work signed between dnmarklet and the client.
6. User Content
6.1 Responsibility for User Content
You are solely responsible for any User Content that you post, upload, publish, submit, or transmit through the Services. By submitting User Content, you represent and warrant that:
- You own or have the necessary rights to use and authorize us to use the User Content
- The User Content does not violate the rights of any third party, including intellectual property rights and privacy rights
- The User Content complies with these Terms and all applicable laws and regulations
6.2 License to User Content
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media for the purpose of providing and promoting our Services.
6.3 Monitoring and Removal
We do not actively monitor User Content but reserve the right to review and remove any User Content that violates these Terms or that we find objectionable, without prior notice.
7. Payment Terms
7.1 Fees and Payment
Fees for our Services will be outlined in a separate service agreement or statement of work. All fees are quoted in the currency specified in the agreement and are exclusive of applicable taxes unless otherwise stated.
7.2 Payment Methods
We accept payment via the methods specified in our service agreement or invoice. You authorize us to charge your designated payment method for all fees related to the Services.
7.3 Late Payments
Late payments may incur interest charges as specified in the service agreement. We reserve the right to suspend Services for accounts with outstanding balances until payment is received.
8. Confidentiality
Each party agrees to keep confidential any proprietary or sensitive information disclosed by the other party during the provision of Services. This includes business strategies, technical specifications, customer data, and any other information marked as confidential or that should reasonably be understood to be confidential.
9. Disclaimers and Limitations of Liability
9.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DNMARKLET, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.
9.3 Cap on Liability
WITHOUT LIMITING THE FOREGOING, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless dnmarklet and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Your User Content
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Services shall be resolved through arbitration in accordance with the rules of the International Chamber of Commerce. The arbitration shall take place in London, United Kingdom, and shall be conducted in the English language.
12. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through the Services or by other means. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms.
13. Miscellaneous
13.1 Entire Agreement
These Terms, together with any service agreement or statement of work, constitute the entire agreement between you and dnmarklet regarding the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and dnmarklet.
13.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
13.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of dnmarklet.
13.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.
14. Contact Information
If you have any questions about these Terms, please contact us at:
dnmarklet
Studio 07 Murray Walk, Griffithsfort, BH11 9NE
Email: legal@dnmarklet.com
Phone: +44 255 092 0681