DVI Tech Solutions Terms of Service & User Agreement

1. Introduction

Welcome to the DVI Tech Solutions website ("Site"). By accessing or using our Site, you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Site.

2. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.

3. Services

Our Site provides various services, including Messaging, Pipelines. Workflows, Website Edititing and many more. We may add, remove, or modify services at our discretion.

4. User Responsibilities

a. Account Creation

To access certain services, you may need to create an account. You must provide accurate and up-to-date information and are responsible for maintaining the confidentiality of your account details.

b. Prohibited Activities

You agree not to engage in any activities that are illegal, fraudulent, or harmful to others. This includes but is not limited to, unauthorized access to accounts, distribution of harmful software, and misuse of personal information.

5. Payments and Billing

a. Payment Terms

Payments for services are due according to the pricing and billing terms specified on the Site. We reserve the right to change our fees at any time.

b. Refund Policy

We do not offer refunds except as described in our refund policy. You may cancel during the free trial or request cancellation 15 days prior to the next payment due date.

6. Intellectual Property

All content on the Site, including text, graphics, logos, and software, is the property of DVI Tech Solutions or its licensors and is protected by intellectual property laws. You may not use any content without our prior written consent.

7. Third-Party Links

Our Site may contain links to third-party websites. We are not responsible for the content or practices of these sites. Your use of third-party sites is at your own risk.

8. Privacy & Security

a. Login Required

To access certain services, you may need to create an account and password. You must keep your account information accurate and up-to-date.

b. Passwords & Security

You are responsible for maintaining the confidentiality of your password and account. DVI Tech Solutions employees will never ask for your password.

c. Disclosure to Third Party Affiliates

We may disclose certain Registration Info to third parties subject to our Privacy Policy (https://www.dvitechsolutions.com/privacy-policy).

d. Non-Transferability of User Account

User accounts are non-transferable. You must prevent unauthorized access to your account and cannot assign these Terms without our written consent.

9. Disclaimer

a. No Warranty

All content and services are provided "as is" without warranties of any kind. We do not guarantee the accuracy, reliability, or availability of the Site or services.

b. Use at Your Own Risk

Your use of the Site and any transactions are at your own risk. We are not liable for any damage or loss resulting from your use of the Site.

c. Third-Party Transactions

All transactions with third parties are between you and the third party. We are not liable for any third-party services or content.

d. Right to Modify or Discontinue

We reserve the right to modify or discontinue the Site or its features at any time without notice.

e. Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties. Consult local laws for more information.

10. Limitation of Liability & Indemnification

a. Liability Limitation

Our liability is limited to the amount you paid for services on the Site during the three months before the claim arose. We are not liable for special, punitive, incidental, or consequential damages.

b. No Liability for Third-Party Promises

We are not liable for third-party promises or assistance with transactions conducted through the Site.

c. Indemnification

You agree to defend, indemnify, and hold us and our Affiliates harmless from all claims and damages arising from your use of the Site, breaches of this Agreement, or disputes with other users or clients.

11. Termination of Use

a. Grounds for Termination

We may terminate or suspend your access to the Site for any reason, including breaches of these Terms.

b. No Right to Services Upon Termination

Upon termination, your right to use the Services will end. We are not liable for any claims or damages resulting from termination.

c. How to Terminate or Make Adjustments

To terminate your access or make adjustments, you must provide written notice at least 30 days before your next billing date.

d. No Termination by Third Party Users

Users who accessed the Site through third parties must contact the original provider for termination inquiries.

12. Miscellaneous Provisions

a. Privacy

Your personal information will be handled according to our Privacy Policy. When providing access to others, you must implement a privacy policy at least as protective as ours.

b. International Use

The Site may be accessible worldwide, but we make no representation about its appropriateness or availability outside the United States. You are responsible for compliance with local laws.

c. Governing Law

The laws of Texas govern these Terms. You submit to the exclusive jurisdiction of the courts in Dallas, Texas.

d. How to Send Notices

Notices must be sent via email to Customer Service at support@dvitechsolutions.com. We will send notices to the address you have on record.

e. Force Majeure

We are not liable for delays or non-delivery due to events beyond our control, including labor disturbances, war, and natural disasters.

f. Savings Clause

If any part of these Terms is invalid, it will be construed to reflect the original intentions, and the remaining portions will remain in effect.

g. No Waiver

Failure to enforce any provision of these Terms does not waive our right to enforce it in the future.

h. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior agreements. No changes will be recognized unless made in writing.

Updated: August 1, 2024

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