Terms and conditions

Last Updated: August 31, 2018

Welcome and thank you for choosing to use Drimify.

These are the terms of conditions for the use of the services (“Services”) found on the Drimify web site (“Site”).

By using our Services you agree to the following terms and conditions. Please read them carefully before accessing the Site and using the Services.

1. Eligibility

You must be at least [18] years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Services on such entity’s behalf.

2. Accounts

If you create a Drimify account, you are responsible for all activity that occurs through and in connection with that account.

You must not use your account to carry out any illegal or misleading activity. Drimify may suspend, limit or deactivate your account if it considers that the account has been used in an unlawful or inappropriate manner.

Please keep your password private and change it on a regular basis. You must let Drimify know if you suspect unauthorised use of your Drimify account.

You can delete your account at any time. Accounts can’t be reactivated after deletion – you will have to open a fresh account.

3. Use of our Services

You must not misuse our Services. Please follow the guidance provided throughout to get the most out of our Services. Don’t attempt to interfere with our Services or use them in any way that is not included in the guidance we provide.

Using our Services doesn’t give you ownership over them or over any content existing on the Site. You must not remove or alter any content on the Site, including logos and legal notices.

We do not monitor all content that is added to the Site. We’re not responsible for the use or effect of user content on the Site. Users are responsible for protecting themselves and their systems from harmful content.

4. Fair Usage Policy

As part of our commitment to providing a high-quality, fast and reliable service, Drimify have a Fair Use Policy (also referred to as the FUP) for its Software as a Service (SaaS) Products.

The FUP contains guidelines for customers’ use of the Drimify products to ensure that each customer has a consistently high-quality experience. Drimify take measures to ensure usage is within reasonable parameters and in accordance with the license.

4.1. Why do we have a Fair Usage Policy?

Drimify products offer a multi-tenant service. This means that our products are used concurrently by a number of subscribers. If a single customer places very high demands on the service then it is possible that this will affect the experience for other users.

The vast majority of our customers use their service considerately and their usage levels during peak hours don’t disproportionately affect the shared network and service capacity. Even though only a very small number of our customers may use the service inappropriately, their activity has the potential to affect the service for others. Our Fair Use Policy manages the inappropriate use and makes sure the service can be used fairly by everyone.

4.2. The Fair Usage Policy

Usage of Drimify is monitored on a continuous basis. Only customers that consistently generate exceptionally high load over a sustained period of time will be affected by the Drimify FUP.

If a customer repeatedly exceeds this FUP, Drimify reserve the right to restrict service or levy charges for excessive usage (i.e. recommend to apply for a Premium account).

4.3. Extenuating Circumstances

Drimify understand that customers will occasionally have very high volumes of traffic outside of normal usage patterns. In those cases where this traffic can be predicted Drimify request to be informed with as much notice as possible to ensure that service delivery remains consistently high.

5. Content

Via our Services you can upload and publish content. You have full ownership and responsibility for all content, whether public or private, that you upload and publish through your Drimify account.

When you publish your content, you agree that others will be able to view it. You can delete your content at any time, but please note that you may not be able to retrieve it after it has been deleted.

By adding content to the Site, you agree that Drimify can use that content for the purposes of providing and improving our Services. This will include reproducing, modifying, translating and distributing the content.

Please see our Privacy Policy for more information on how we deal with personal information.

All content added to the Site must not:

6. General Payment Terms

You can create a standard account for free. If you wish to publish your content or use the advanced version of the platform, which allows you to customise the Services and get an overall enhanced experience, you must agree to pay for the Services in line with our payment terms.

6.1 Price

Drimify reserves the right to determine pricing for the Services. Drimify will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Drimify may change the fees for any feature of the Services, including additional fees or charges, if Drimify gives you advance notice of changes before they apply. Drimify, at its sole discretion, may make promotional offers with different features and different pricing to any of Drimify’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

6.2 Authorization

You authorize Drimify to charge all sums for the orders that you make and any level of Services you select as described in these Terms or published by Drimify, to the payment method specified in your account. If you pay any fees with a credit card, Drimify may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

6.3 Subscription Service and Cancellation Policy

Access to your published content will begin as soon as your initial payment is processed. You’ll be charged the Subscription Fee stated at the time of purchase, plus applicable taxes (such as value added tax when the stated rate doesn’t include VAT), every period for the duration of your contract. If the applicable VAT rate (or other included tax or duty) changes during your period term, the tax-inclusive price will adjust accordingly.

The Services may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Drimify to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).

You may cancel the Subscription Service by contacting us.. If you cancel within 7 days of your order, and you haven’t published any content from your account, you’ll be fully refunded. If you cancel within or after 7 days and you have published content from your account, you will be charged the full amount and you will not qualify for a refund.

6.4 Delinquent Accounts

Drimify may suspend or terminate access to the Services for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

7. Term, Termination and Modification of the Services

7.1 Term

These Terms are effective beginning when you accept the Terms or first access, or use the Services, and ending when terminated as described in the Section below.

7.2 Termination

If you violate any provision of these Terms, your authorization to access the Services and these Terms automatically terminate. In addition, Drimify may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting us.

7.3 Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access your account or the Services; (c) you must pay Drimify any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination.

7.4 Modification of the Services

Drimify reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. Drimify will have no liability for any change to the Services or any suspension or termination of your access to or use of the Services.

8. General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Drimify regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

8.1 Governing Law

These Terms are governed by the laws of Scotland without regard to conflict of law principles.

8.2. International Use

Access to the Service from countries or territories or by individuals where such access is illegal is prohibited

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