Terms of Service
Agreement between you and www.dashible.com
These Dashible Terms of Service (the “Dashible Terms”) are a legal agreement between you, as a current or prospective user of the Services, and Dashible, Inc. (“Dashible,” “we,” or “us”) and governs your use of Dashible, a marketing and customer engagement platform, which includes mobile applications, websites, software, cloud-based solutions, and other products and services (the “Service”), offered by Dashible.
If you are using the Service on behalf of a business or entity, you acknowledge and agree that you have authority to bind such business or entity and that such business or entity accepts these terms. By using the Service you agree to be bound by these Terms and any policies referenced within (“Policies”), including our Privacy Notice. If you disagree with any part of these Terms, then you may not access the Service and you should leave the Service. Please read these Terms carefully and keep a copy of them for your reference.
IF ANY OF THESE TERMS, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY DISCONTINUE YOUR USE OF THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS, CHANGES, OR MODIFICATIONS. IF YOU HAVE A PAID SUBSCRIPTION, TO CANCEL YOUR SUBSCRIPTION SEND AN E-MAIL TO:[email protected].
The Service enables businesses to create and manage marketing activities including, but not limited to, deals, loyalty programs and SMS marketing that can be made available to consumers via the Dashible websites and mobile applications. The Service enables consumers to discover content created by businesses and earn, in some cases monetary compensation for specific activities.
Using the Service or sending emails to Dashible constitutes electronic communication. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via the Service, satisfy any legal requirement that such communications be in writing.
You agree to receive automated text messages from us and businesses with whom you have interacted via the Dashible Service. This is not an agreement of any purchase. Msg & data rates may apply. Reply STOP to end or Help for help.
You may browse the Service without registering an account. Access to certain areas of the Service may be restricted. In order to access any restricted areas of the Service, you must create an account (“Account”). During the registration process you will be required to provide certain information, which may include personally identifiable information, and you will establish a password. [We will only use such submitted personally identifiable information to provide services to you under these Terms.]1 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, fraudulent, not current or incomplete. If you create an Account, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. You may not assign or otherwise transfer your Account to any other person or entity. You may not use another user’s Account to access the Service. You acknowledge that Dashible is not responsible for third party access to your Account that results from theft or misappropriation of your Account or password. Dashible and its associates reserve the right to refuse or cancel service, terminate Accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Dashible does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Service only with permission of a parent or guardian.
You may cancel your subscription at any time. Cancellations will become effective at the end of the current billing cycle. Please contact us at [email protected] with any questions.
Links to Third Party Sites/Third Party Services
The Service may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Dashible and Dashible is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dashible is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dashible of the site or any association with its operators.
Certain services made available via the Service are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.dashible.com domain, you hereby acknowledge and consent that Dashible may share such information and data with any third party with whom Dashible has a contractual relationship to provide the requested product, service or functionality on behalf of Dashible’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
The Service and all materials published or made available on or through the Service (including, but not limited to, data, text, logos, designs, pages, print screens, images, artwork, photographs, audio and video clips, audiovisual material, “look and feel”, metadata, compilations and HTML code, source code, or software that reside or are viewable or otherwise discoverable, collectively referred to herein as the “Content”) are protected by copyright, trademark and other applicable law and are owned or controlled by us, unless another entity is explicitly credited as the provider of a portion of the Content.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Service and the Content strictly in accordance with these Terms. As a condition of your use of the Service, you warrant to Dashible that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. This license is expressly conditioned on your agreement to comply with, and your actual compliance with, each of the provisions described in this section. This license shall automatically terminate upon your breach of any of the provisions listed in these Terms. Any use of the Service or Content by you or anyone acting on your behalf that breaches any provision of these Terms constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Service and Content, and infringes our copyrights, trademarks, patents and other rights in the Service and Content.
You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You further agree that you will not: (i) submit any software or other material that contains any viruses, worms, or other items of a destructive nature; (ii) manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit; (iii) link to any portion of the Service other than the URL assigned to the home page of our Service or pages describing specific businesses; (iv) “frame” or “mirror” any part of the Service; (v) use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Service; or (vi) use the Service or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Service and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content and will not remove or make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Service. Dashible Content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected Content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected Content solely for your personal use, and will make no other use of the Content without the express written permission of Dashible and the copyright owner (if applicable). You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the intellectual property of Dashible or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Service may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations; or otherwise violate any of the provisions of the Terms in connection with your use of a Communication Service.
Dashible has no obligation to monitor the Communication Services. However, Dashible reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Dashible reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Dashible reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Dashible’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Dashible does not control or endorse the content, messages or information found in any Communication Service and, therefore, Dashible specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Dashible spokespersons, and their views do not necessarily reflect those of Dashible.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to the Service or Posted on Any Dashible Web Page
Dashible does not claim ownership of the materials you provide to the Service (including feedback and suggestions) or post, upload, input or submit to any Dashible Service or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Dashible, our affiliated companies and sublicensees permission to use your Submission in connection with the operation of our businesses, including, without limitation, granting to us, our affiliates and our sublicensees a perpetual, non-exclusive, royalty-free, worldwide license to: copy, distribute, transmit, excerpt, host, index, tag, modify (including creating derivative works), sublicense, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. You agree that your Submissions may be displayed, publicly performed, published, modified or otherwise used by us, our affiliates and our sublicensees worldwide in any form or media, now known or hereafter developed, in any language, without time limitation. You will not make or authorize any claim against us, our affiliates or our sublicensees that our use of your Submissions infringes any of your rights.
No compensation will be paid with respect to the use of your Submission, as provided herein. Dashible is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Dashible’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You will be able to connect your Dashible account to third party accounts. By connecting your Dashible account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
From time to time, we may offer referral programs or monetary incentives for inviting others to use the Service (a “Referral Program”) or incentives for using the Service in ways specified by Dashible (Collectively “Earnings Programs”). Such Earnings Programs shall be subject to the then current Earnings Program terms, if applicable, and otherwise at our sole discretion. Participating in an Earnings Program in no way constitutes an employer-employee relationship.
Monetary incentives earned by You are subject to review by Us. Any monetary incentives deemed by Dashible to have been earned through fraud, misuse of the Service or misrepresentation are subject to reversal at the sole discretion of Dashible. Dashible reserves the right to close Your account is deemed by Dashible to being used in a fraudulent way.
Transfer of Earnings
Earnings acquired through an Earnings program may be subject to a minimum accrual amount prior to being eligible to being transferred to you electronically by Dashible. If funds are accrued in a currency other than US Dollar (“USD”), Dashible reserves the right limit transfers to amounts greater to or equal to $1.00 USD. Furthermore, such transfers will be rounded to the nearest penny ($0.01 USD) to If you have accumulated earnings less than the applicable minimum accrual amount those funds are subject to be returned to Dashible after 13 months of inactivity.
We use the exchange rate provided by coinbase.com. Bitcoin is sometimes volatile and the exchange rate may fluctuate during the day. Dashible cannot guarantee nor predict exchange rates. We will show the USD value of the Bitcoin you have earned. When you request a transfer, Dashible will transfer the Bitcoin to you using the approximate USD value of the Bitcoin at an exchange rate valid within 48 hours of your transfer request.
All Bitcoin transfers are done via Cash App. You MUST have a valid Cash App account that is eligible to receive bitcoin in order to receive a transfer. If you need a Cash App account please visit https://cash.app/ Dashible is not affiliated with Cash App.
If your Account is inactive for an extended period of time and you have earned funds that have not been transferred to you, those funds may be deemed “unclaimed” or “abandoned” under your state’s law. If this occurs, Dashible will provide you with notice as required by applicable law. Dashible will escheat such funds as required by applicable law.
You are responsible for all applicable taxes that arise from or as a result of your use of the Service. For the avoidance of doubt, all sums payable to you by Dashible under these Dashible Terms shall be paid free and clear of any deductions or withholdings whatsoever.
The Service is controlled, operated and administered by Dashible from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dashible Content accessed through the Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Dashible, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Service, any user postings made by you, your violation of the Terms or your violation of any rights of a third party (including your violation or infringement of any intellectual property or proprietary rights of a third party), or your violation of any applicable laws, rules or regulations. Dashible reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dashible in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator appointed by Dashible, and administered by the American Arbitration Association in Delaware Any such arbitration will be governed by the laws of the State of Delaware on the merits, and the procedural rules shall be those set forth by the American Arbitration Association. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.2 Further, unless both you and Dashible agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DASHIBLE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME. DASHIBLE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DASHIBLE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Dashible reserves the right, in its sole discretion, to terminate your access to the Service and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, the Terms are governed by the laws of the State of New York and, for all disputes not subject to the binding arbitration procedure set forth above, you hereby consent to the exclusive jurisdiction and venue of courts in the State of New York in all such disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dashible as a result of the Terms or your use of the Service. Dashible’s performance under the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Dashible’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Dashible with respect to such use. If any part of the Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise specified herein, the Terms constitutes the entire agreement between you and Dashible with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Dashible with respect to the Service. A printed version of the Terms, and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that the Terms and all related documents be written in English.
Changes to Terms
Dashible reserves the right, in its sole discretion, to change the Terms at any time. The most current version of the Terms will supersede all previous versions. By continuing to use the Service or mobile applications after changes are made to the Terms, you agree to the changes. It is your responsibility to review the Terms prior to each use of the Service. Dashible encourages you to periodically review the Terms to stay informed of our updates.
Dashible welcomes your questions or comments regarding the Terms:
138-44 Queens Blvd, Suite 451
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Effective as of October 15, 2021