Effective date: 1 January 2020
These terms of use (the “Terms”) are a legal contract between D Company of Technologies, LLC, and its affiliates (“Dekopon Stack”, “we” or “us”) and “you” (“Customer”, “your,” or “User”). The Terms explain how you are permitted to use the services provided by and through our platform and website(s) (main url located at www.dekoponstack.com) as well as all of our associated internet and online properties (either linked by Dekopon Stack and/or affiliated companies) and any software that Dekopon Stack provides to you for download or use, including in your mobile devices (collectively, our “App(s)”) (all of these virtual properties, software and mobile applications, collectively, the “Site”). These Terms also govern your use of all the text, data, information, software, graphics, proprietary content and more (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any services we may provide through this Site). Collectively, the Site, the Materials, and the services provided therein are referred to as the “Services”.
USING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICES.
IMPORTANT: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. DEPENDING ON YOUR JURISDICTION, THIS SECTION MAY NOT APPLY TO YOU.
By using the Services, you represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter into contracts. If you are not legally able to enter into contracts, you may not use the Services at any time or in any manner, or submit any information to Dekopon Stack or the Services.
If you are entering into these Terms on behalf of a business entity or organization, you represent and warrant that you have the legal authority and capacity to bind such business entity or organization. If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms.
Please review our privacy policy (the “Privacy Policy”) which explains how we use information that you submit to Dekopon Stack. The Privacy Policy is hereby incorporated by reference.
(a) These Terms. Dekopon Stack can change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Services. We will ask for your express consent to the updated Terms where we are legally required to do so, and our notice to you will explain how you can accept or reject the changes. If you do not agree with any of the updated Terms, you must stop using the Services. Unless otherwise required by law, the updated Terms are effective as of the day of posting.
(b) The Services. Dekopon Stack may make changes to the Services at any time, without notice to you. If you object to any changes to the Services, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified. We also reserve the right to discontinue the Services, or any component of it, at any time without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services.
(c) Paid subscriptions. Please note that if you are under paid-subscription services with us, in the event we change the price for the services which you have previously agreed to pay or if we substantially change the services you are paying for, we will also notify you of such changes as contemplated in Section 3(a) above. Any changes will become effective after your then-current subscription expires or terminates. If you do not agree with such changes and you communicate this to us in accordance with the notification, we will not automatically renew your subscription even if you previously agreed to automatic renewal for payment.
(d) Additional Terms. In addition, certain features of the Services may be subject to additional terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features or services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such features conflict with these Terms, the Additional Terms will govern.
(e) Executed Contract(s). If You have entered into a separate executed (i.e. signed) agreement for services with Dekopon Stack (collectively and individually, “Contract”), such Contract shall supersede these Terms. In the event of any conflict between these Terms and the Contract, the Contract will prevail. In cases where the Contract does not address specific provisions included in these Terms, these Terms will apply, supplementing the Contract.
(a) Visitors. Visitors may browse the Site in accordance with these Terms but will not have full access to the Services without first becoming “Registered Users.”
(b) Registered Users and Accounts. In order to access certain features of the Services you will be required to become a Registered User. A “Registered User” is a User who has registered an account with us (your “Account”). As a Registered User you choose what information you may make public or showcase. By registering as a User you represent that you are not barred from using the Services under these Terms, the laws of the United States of America, your place of residence or any other applicable jurisdiction.
(c) Registration Data. In registering for the Services, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree that all notices and communications between Us will be sent to the email address You provide. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dekopon Stack has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dekopon Stack has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) for breach. You agree not to create an Account using a false identity or information. You agree that you shall not have more than one Account at any given time. You agree not to register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group, organization, or entity to these Terms. By registering another person, group, organization, or entity you hereby represent that you are authorized to do so. You agree not to create an Account or use the Services if you have been previously removed by Dekopon Stack, or if you have been previously banned from any of the Dekopon Stack properties.
(d) Account Management. When You register for the Services, You will choose a login (email) and password. You may use the Services or modify Your Content and data only through such login and password. You are entirely responsible for maintaining the confidentiality of Your password and for any and all activities which occur using Your credentials and/or under your Account. Dekopon Stack reserves the right to establish an Account verification process to verify the account and/or any information provided. You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security known to (or reasonably suspected by) You at support@dekoponstack.com. Dekopon Stack shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Dekopon Stack considers insecure or inappropriate, Dekopon Stack will be entitled to require this to be changed and/or terminate your Account. Dekopon Stack reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. It is also Your responsibility to make sure that Our domain(s) (including “dekoponstack.com”) are not included in any spam block list used by You or Your mail provider. You are required to perform all necessary security configuration and management tasks (1) for Your site(s) and all domains, web pages or IP addresses which You are hosting through the Services, and (2) to protect Your Content (defined below) and data, including that of Your customers and/or end users hosted through the Services. You are responsible for management of updates and security patches, any application software or utilities installed, any files accessible via Your site(s), and the configuration of any Dekopon Stack-provided security utilities.
At the time of initial registration, You will select from the list of available Services the service plan(s) to which You wish to subscribe (each a “Subscription”). All Subscriptions to Services are subject to formal acceptance by Dekopon Stack. Your Subscription to the Services will be deemed accepted by Dekopon Stack when Dekopon Stack delivers a confirmation of the Subscription to You. Dekopon Stack reserves the right to refuse to provide You with any Service for any reason. Notwithstanding Our Uptime Guarantee, Dekopon Stack also reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed. You may order additional Services at any time, provided that You agree to pay the then-current fees for such additional Services. All additional services shall be considered “Services” hereunder. All Services provided are subject to availability and to these Terms.
For as long as you agree to these Terms and abide by them, you may use the Services. These Terms apply to all Users of the Service, including Visitors and Registered Users, who are also contributors of User Content. The Services are licensed, not sold, to you.
(a) Grant of a Limited License. The Services are protected by copyright laws throughout the world. Subject to your agreement, and continuing compliance with these Terms, and any other relevant Dekopon Stack policies, Dekopon Stack grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to use the Services and/or download, and use a copy of any Apps or client-software on a device or computer that you own or control and to run such copy solely for your own internal business or individual purposes only. You agree not to use the Services for any other purpose.
(b) Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Dekopon Stack; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services except as expressly permitted by Dekopon Stack; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
(a) Subscriptions. Your Subscription or commencement of the Services shall begin upon confirmation to You and receipt of lawful funds, whichever comes earlier. The Subscription initial term’s length is chosen by You and shall be indicated when You subscribe to Our Services. The Subscription may not be terminated by You during the Initial Term (and any renewals thereof) except in the event of a breach by Dekopon Stack. After the Initial Term, the Subscription shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.
(b) Pricing. Subject to Section 3(c), Dekopon Stack reserves the right to change prices for paid Subscriptions at any time and does not provide price protection or refunds in the event of promotions or price decreases. Any pricing changes will become effective after your then-current Subscription expires or terminates. You understand that if We agree to provide Services to You in the future after your Subscription terminates for any reason, the amount You paid under any prior term or time period is not determinative of the amount You will pay should We provide Services to You again. It is Your responsibility to check Our Site for plan or price changes should You wish to take advantage of plan or price changes which may have occurred. Dekopon Stack does not automatically update Your Subscription plan. All upgrades or downgrades will be performed at Your request and may include modification of Fees (defined in Section 7(a)) or require reinitiating service with Us.
(c) AUTOMATIC RENEWAL TERMS: To facilitate continuity of the Services to you, each paid Subscription contains automatic renewal terms. Dekopon Stack will automatically renew your paid Subscription as per the Subscription period of your choosing (each a “Subscription Term”), on the anniversary of that date that Dekopon Stack first charges your Account for the first Subscription fee, and, as authorized by you during the Subscription sign-up process, Dekopon Stack will charge your Account with the applicable Subscription fee and any sales or similar taxes that may be imposed on your Subscription fee payment (unless you cancel prior to the anniversary date). Each Subscription renewal period is for the same Subscription Term as the prior one, unless otherwise agreed between you and Dekopon Stack. IF YOU CANCEL YOUR SUBSCRIPTION, YOUR ACCESS TO AND USE OF THE SERVICES WILL BE SHUT OFF ONCE YOUR THEN CURRENT SUBSCRIPTION TERM EXPIRES.
Dekopon Stack reserves the right to modify pricing at any time (but not the price in effect for your then-current Subscription Term), upon advance notice to you. If you have not cancelled your Subscription or turned off the auto-renew function within the specified time after receiving notice of a price change, your Subscription will auto-renew at the price indicated in your notice.
(d) CANCELLATION TERMS: YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME, AND SUCH CANCELLATION SHALL BECOME EFFECTIVE UPON EXPIRATION OF YOUR THEN-CURRENT SUBSCRIPTION TERM. You agree and understand that you will be charged Subscription fees until the expiration of your then-current Subscription Term and SUBSCRIPTION FEES WILL NOT BE REFUNDED, IN WHOLE OR IN PART, SUBJECT TO APPLICABLE LAW. You will not be eligible for a pro-rated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription Term. If you have any problems or concerns with your cancellation please contact us at support@dekoponstack.com for assistance.
(a) If you purchase any Services that we offer for a fee, either on a one-time or on a Subscription basis (collectively “Fees”), you agree and consent to Dekopon Stack’s use of third-party payment providers for billing and processing online payments (see below), and you agree to pay the applicable Fees for the Services (including, without limitation, periodic fees for Subscriptions) as they become due, plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Unless separately negotiated by You and Us, and confirmed by separate written agreement, the initial and recurring Fees for the Services selected by You shall be as provided in the initial on-line order form. All set-up fees and special programming fees are non-refundable. Unless otherwise indicated, we may invoice Fees for Services in advance. Failure to make payment of Fees for Services when due may result in the suspension or termination of Services.
(b) Services are billed on an automatic, auto-renewal and recurring basis unless and until you follow Dekopon Stack’s cancellation procedure set forth in this Agreement. Your obligation to pay fees continues through the end of the Subscription Term (defined in Section 6(c)). Our Subscriptions may be subject to usage limits. You agree and understand that we verify use of the Service periodically. If as part of a routine verification process, we determine that Usage exceeds the current amount of usage limits purchased, we reserve the right to invoice you for the additional use. We may contact you to discuss your current plan and other options available to you. You agree to upgrade to a higher usage plan if necessary.
(c) At the time of registration, You must select a payment method. By providing a payment method, You expressly authorize Dekopon Stack to charge said payment method at regular intervals subject to Your particular Subscription. Dekopon Stack reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. If You do not pay all Fees when due, Your account will be deemed past due. For any past due Fees, Dekopon Stack reserves the right to charge You interest at one and one-half percent (1.5%) or the highest rate allowed by applicable law, whichever is lower, per month of the unpaid amount, until paid.
(d) You agree to pay any and all taxes, including personal property, value added, or sales taxes, resulting from Your use of the Services. Dekopon Stack is not responsible for any bank fees incurred by You due to Your use of check cards, automatic payment services, insufficient funds, and any and all other fees your financial institution may impose due to Your use of the Services. If Dekopon Stack should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, Dekopon Stack will invoice You for the difference between payment received and the Fees due. You also agree to pay all attorney and collection fees arising from Dekopon Stack’s efforts to collect any past-due Fees.
(e) If you cancel any Service prior to the expiration of the pre-paid Fees, You understand and agree that Dekopon Stack, at its sole discretion, may not issue You any refund whatsoever, including but not limited to any remaining pre-paid Fees, set up Fees, and/or special programming Fees. Any refunds, if any, will be refunded to the original method of payment only.
(f) If you do not pay on time or if Dekopon Stack cannot charge your payment method for any reason, Dekopon Stack reserves the right to either suspend or terminate your Subscription, access to the Services, and/or Account and terminate these Terms.
(g) Coupons and Discount Codes. From time to time, Dekopon Stack may offer coupons or other discount codes which may be used when signing up for Services with Us. Coupons and discount codes are for first-time customers of Dekopon Stack only and must be used at the time of Your initial purchase with Us – they may not be applied after commencement of the Services. Unless expressly provided, such coupons and discount codes may not be used toward upgrades to Your account. Any account We deem to be attempting unauthorized coupon or discount code use may be subject to Termination for Cause (see Section 9).
(a) Dekpoon Stack may terminate your Subscription in its sole discretion at any time for any reason or no reason (“Termination without Cause”). In such case, Dekpoon Stack will provide You with thirty (30) days written notice before the discontinuation of Services. If Dekpoon Stack cancels your Subscription pursuant to any of the terms outlined in these Terms, with the exception of Termination without Cause, Dekpoon Stack shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that Dekpoon Stack terminates the Agreement for cause, all prepaid Fees will be forfeited and are not refundable. The termination of your Subscription does not relieve You of Your obligation to pay any Fees accrued or payable to Dekpoon Stack prior to the effective date of termination of your Subscription.
(b) In addition to Dekpoon Stack’s right to terminate your Subscription provided elsewhere in these Terms, Dekpoon Stack may terminate your Subscription effective immediately if, based on Dekpoon Stack’s sole judgment, it determines that You or any of Your end users: (i) have breached the Acceptable Use Policy (“AUP”) , (ii) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (iii) have not complied with any applicable law, statute or regulation, or (iv) have uploaded, published or disseminated any images, text, graphics, code or video which Dekpoon Stack considers illegal or high risk, in its discretion, or (v) breached these Terms. Nothing contained in these Terms is intended to, or shall, impose any duty or obligation upon Dekpoon Stack to monitor or review Your Content (defined in Section 12) or the content of Your end users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
(c) The termination of your Subscription will end Your access to the Services and Your license to the Materials. Dekpoon Stack shall not be liable to You or to any third party for termination of the Services permitted under these Terms. Upon termination of your Subscription, Dekpoon Stack reserves the right to maintain copies of Your data files and records for archival purposes but does not undertake any obligation to do so. Dekpoon Stack reserves the right to impose an early termination charge for all Services terminated prior to the last day of the billing cycle.
(d) If either party cancels or terminates your Subscription for any reason, You shall be solely responsible for making all necessary arrangements for securing a replacement service provider and timely moving all electronic data, graphics, images, video or text to the new service provider.
(e) Dekpoon Stack will not have any liability whatsoever to you for any suspension or termination, including for deletion of Content. All provisions of the Terms, which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. You may close your Account by using the feature provided in the Services or, in the alternative, by emailing us at support@dekoponstack.com. We will proceed to close your Account and send you an email confirmation.