Last Updated: July 1, 2024
Welcome to DMarket SaaS Services. These Terms and Conditions ("Terms") govern your access to and use of the DMarket SaaS Services website and platform, including any content, functionality, and services offered on or through dmarket-saas.com (the "Platform").
Please read these Terms carefully before you start using our Platform. By using the Platform, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Platform.
Throughout these Terms, the following definitions apply:
To use certain features of the Platform, you must register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
You are responsible for safeguarding your password and for all activities that occur under your Account. You agree:
We will not be liable for any loss or damage arising from your failure to comply with these obligations.
If you register an Account on behalf of a company or organization, you represent and warrant that you have the authority to bind that company or organization to these Terms. If you designate other users as administrators, those users will also have the ability to manage your Account. You are responsible for the activities of your administrators and any other users you allow to access the Services under your Account.
We offer various Subscription plans for our Services. The features and pricing for each Subscription plan are described on our website. We reserve the right to modify, terminate, or otherwise amend our offered Subscription plans at any time.
We may offer free trial Subscriptions to certain Services. Unless otherwise stated, free trials will automatically convert to a paid Subscription at the end of the trial period unless you cancel before the end of the trial. You may be required to provide payment information to start a free trial.
By selecting a paid Subscription, you agree to pay all fees associated with the Subscription plan you choose. All fees are in the currency specified and exclude applicable taxes unless stated otherwise. You agree to provide accurate and complete billing information, including legal name, address, telephone number, and payment method details.
Subscription fees will be billed in advance on either a monthly or annual basis, depending on the billing cycle option you select when purchasing a Subscription. Unless otherwise stated, Subscriptions automatically renew for additional periods equal to the initial Subscription term until canceled.
If payment is not received by the due date, we may suspend your access to the Services until payment is made. For any late payments, we may charge a late fee at the rate of 1.5% per month (or the highest rate permitted by law, if less) on any outstanding balance.
We may change the fees for our Subscriptions at any time. If we increase the fees for your Subscription, we will provide notice of the change on the Platform or by email at least 30 days before the change is to take effect. Your continued use of the Services after the fee change becomes effective constitutes your agreement to pay the updated fee amount.
All fees are non-refundable except as expressly set forth in our Refund Policy or as required by applicable law. Our Refund Policy is available at Refund Policy.
You are responsible for all taxes, duties, levies, or similar governmental assessments, including value-added, sales, use, or withholding taxes, associated with your use of the Services. We will charge applicable taxes that we are legally obligated to collect.
You agree that you will use the Platform and Services only for lawful purposes and in accordance with these Terms. You specifically agree not to:
Any Content you submit, upload, post, or display on the Platform must comply with the following guidelines:
We reserve the right to remove any Content that violates these guidelines or that we otherwise find objectionable, without prior notice.
You are solely responsible for obtaining all necessary permissions and consents from any third parties whose data you submit, upload, or process through the Platform. You represent and warrant that you have the right to use any data you input into the Platform and that your use of such data complies with all applicable laws, including data protection and privacy laws.
You agree to comply with all applicable laws, regulations, and industry standards when using our Platform and Services, including without limitation:
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by DMarket SaaS Services, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for your internal business purposes or personal use as permitted by these Terms. This license does not include:
Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
By submitting, posting, or displaying Content on or through the Platform, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods now known or later developed. This license is for the purpose of operating, promoting, and improving our Services.
The DMarket name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DMarket SaaS Services or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
If you provide us with ideas, suggestions, recommendations, feedback, or other materials related to the Platform or Services ("Feedback"), you acknowledge and agree that:
The Platform may integrate with or allow access to third-party services, websites, products, and services ("Third-Party Services"). These Third-Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control Third-Party Services and are not responsible for their content, security, or practices.
The Platform may contain links to external sites that are not operated by us. We have no control over the content, privacy policies, or practices of any third-party sites or services and assume no responsibility for them. We strongly advise you to review the terms and privacy policy of every site you visit.
If you use our application programming interfaces (APIs), you acknowledge that your use is subject to any additional API terms that we may provide, in addition to these Terms.
THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DMARKET SAAS SERVICES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM OR SERVICES EXCEED THE GREATER OF £100 OR THE AMOUNT PAID BY YOU TO US FOR THE 12 MONTHS PRECEDING THE DATE OF THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless DMarket SaaS Services, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
This defense and indemnification obligation will survive the termination of these Terms and your use of the Platform.
These Terms shall remain in full force and effect while you use the Platform or Services or maintain an Account with us.
You may terminate your Account at any time by following the instructions on the Platform or by contacting our customer support. If you terminate a paid Subscription before the end of the current paid term, the termination will take effect at the end of the current billing period, and you will not receive a refund for any fees already paid.
We may terminate or suspend your Account and access to the Platform or Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Platform and Services will immediately cease.
Upon termination of your Account:
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform and Services.
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.
YOU AND DMARKET SAAS SERVICES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms constitute the entire agreement between you and DMarket SaaS Services regarding the Platform and Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.
No waiver by DMarket SaaS Services of any term or condition set out in these 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 DMarket SaaS Services to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without DMarket SaaS Services' prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. DMarket SaaS Services may freely assign or transfer these Terms without restriction.
Any notices or other communications provided by DMarket SaaS Services under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.
If you have any questions about these Terms, please contact us at:
DMarket SaaS Services Ltd.