← Back to Home

Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services, websites, applications, APIs, and other offerings (collectively, the "Service") provided by DoPlayDo Inc., a Delaware corporation ("Company", "we", "us", or "our"). These Terms are a binding contract between you ("you", "your", "User") and the Company. By accessing or using the Service, you accept and agree to be bound by these Terms (and any additional terms incorporated by reference).

If you do not agree to all of these Terms, you must not access or use the Service.

1. Definitions

  1. "Account" means a user account you create to use the Service.
  2. "Documentation" means user manuals, help guides, API documents, and other published documentation related to the Service.
  3. "Free Services" means features or modules that are provided at no charge (subject to usage limits or restrictions).
  4. "Open Source Components" means software components in the Service licensed under open source or third-party licenses.
  5. "Paid Services" means features, modules, or offerings of the Service for which you pay a subscription or fees (e.g., GDSFactory+).
  6. "SaaS Services Agreements" means a SaaS Services Agreement entered into between you and the Company, if applicable.
  7. "User Content" means content you upload, post, submit, or generate via the Service (e.g. designs, layout files, project data).

2. Eligibility; Account Registration; Security

  1. Eligibility. You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction) and have full power and authority to enter into these Terms.
  2. Registration. To access certain features you must register for an Account, selecting a username and password. You agree to provide accurate, current, and complete information.
  3. Account Security. You are responsible for maintaining the confidentiality of your credentials, and for all activities under your Account, whether or not authorized by you. You must notify us immediately of any unauthorized use or breach of security.
  4. Account Termination. We may suspend or terminate your Account (in whole or in part), with or without notice, for violation of these Terms or for any conduct we determine harmful to the Service or other users.

3. Provision of the Service

  1. Access. Subject to your compliance with these Terms, the SaaS Services Agreement (if applicable), and payment (if applicable), we grant you a limited, nonexclusive, nontransferable right to access and use the Service (including Documentation) during the term of your subscription or free access.
  2. Modifications. We may modify, suspend, or discontinue features of the Service (or the entire Service), temporarily or permanently, at any time, with or without notice. All features of the Service are subject to change. Uptime and availability is not guaranteed.
  3. Updates. We may push updates, enhancements, or bug fixes to the Service, which may change or remove features.
  4. Service Levels. The Service is provided "as is" (see Section 7). Unless expressly stated otherwise, we do not guarantee uptime, error-free operation, or performance.

4. Plans

  1. Free Services. We may offer Free Services with such limitations and restrictions as we may, in our sole discretion, determine.
  2. Free Trial. We may offer a free trial period ("Trial Period") for new users of Paid Services. At the end of the Trial Period, your account may automatically convert to a paid subscription unless you cancel before the end of the trial.
  3. Paid Services. Use of the Paid Services or certain other Services may require you to enter into a SaaS Services Agreement. In the event of a conflict between these Terms and the SaaS Services Agreement, the terms of the SaaS Services Agreement shall control.
  4. Subscription & Fees. You agree to pay the fees described for the Paid Services you select. Subscriptions may renew automatically unless you cancel in accordance with the cancellation policy.
  5. Payment Methods. You must provide valid payment details (e.g. credit card) and keep them current.
  6. Refunds. Unless otherwise stated, all fees paid are nonrefundable, except as required by applicable law or specifically permitted in a separate refund policy.
  7. Taxes. You are responsible for any taxes (e.g. VAT, sales tax) arising from your purchase of Paid Services, excluding taxes based on Company's income.

5. License, Intellectual Property & Restrictions

  1. Company Ownership. All rights, title, and interest in and to the Service (excluding User Content and Open Source Components) are and remain with the Company or its licensors.
  2. License to Use. Subject to these Terms, you are granted a limited, revocable, nonexclusive license to use the Service for your internal design, development and business purposes.
  3. Open Source Components. Any Open Source Components included in the Service remain governed by their respective open-source licenses; nothing in these Terms overrides those licenses.
  4. User Content & Feedback.
    1. User Content. You retain ownership of your User Content. You grant us a worldwide, royalty-free, sublicensable, transferable license to host, store, display, reproduce, and use your User Content solely to provide the Service to you and other users (e.g., in anonymized aggregate form).
    2. Feedback. You grant us a perpetual, irrevocable, royalty-free license to use feedback, suggestions, or ideas you submit to improve or evolve the Service.
    3. Restrictions. You shall not, and shall not allow others to:
      • reverse engineer, decompile, or disassemble the Service (except to the extent permitted by law);
      • circumvent security mechanisms or access controls;
      • sublicense, rent, lease, transfer, or distribute the Service (except as expressly allowed);
      • use the Service to host or transmit infringing, unlawful, or harmful content;
      • overburden or disrupt the Service, or perform denial-of-service or similar attacks;
      • use the Service to build a competing product (unless explicitly permitted);
      • violate export control, encryption, or relevant technology laws

6. Data, Privacy & Security

  1. Privacy Policy. Use of the Service is also governed by our Privacy Policy, which is incorporated by reference and explains how we collect, use, store, and disclose your personal information.
  2. Data Use & Aggregation. We may collect usage metrics and technical data, anonymize it, and aggregate it for analytics and improvements (in a non-identifiable form).
  3. Security. We will maintain commercially reasonable technical and organizational measures to protect your data from unauthorized access, loss, or misuse. However, we cannot guarantee absolute security.

7. Disclaimers & Warranties

  1. THE SERVICE AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE).
  2. NEITHER THE COMPANY NOR ITS AFFILIATES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.
  3. YOU USE THE SERVICE AT YOUR OWN RISK.

8. Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
    1. IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR (A) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF PROFITS, REVENUE, OR BUSINESS; (C) LOSS OF DATA; OR (D) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. THE AGGREGATE LIABILITY OF THE COMPANY FOR CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR, IF YOU HAVE NOT PAID FEES, ONE HUNDRED U.S. DOLLARS (USD $100)).
  2. Some jurisdictions do not allow exclusion or limitation of certain damages, so portions of this section may not apply to you.

9. Indemnification

  1. You agree to indemnify, defend, and hold harmless the Company, its officers, affiliates, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising from or related to:
    1. your use or misuse of the Service or violation of these Terms;
    2. your User Content or your violation of any rights of another party;
    3. your breach of any representation, warranty, or covenant under these Terms.

10. Term, Suspension & Termination

  1. Term. These Terms take effect when you first use or access the Service, and remain in effect until terminated.
  2. Termination by You. You may terminate your use of the Service at any time by deleting your Account or discontinuing use.
  3. Termination by Company. We may suspend or terminate your access (in whole or part) for any reason, including breach of these Terms, law, or requests from law enforcement, with or without notice.
  4. Effects of Termination. Upon termination:
    1. your rights under these Terms immediately cease;
    2. we may delete or de-identify your User Content (unless required to retain under law);
    3. Sections 5, 7, 8, 9, 10.4, 11, 12, and other relevant provisions survive.

11. Export Control; Compliance

  1. You shall comply with all applicable export laws and regulations (U.S. and foreign) regarding the transfer, distribution, and use of the Service and any technical data. You represent that you are not located in, or a citizen of, a country subject to U.S. export restrictions or sanctions, and you agree not to use the Service in violation of such laws.

12. Additional Terms

  1. Amendment. We may revise these Terms from time to time (for example, to reflect changes to the Service or legal requirements). If we make material changes, we will provide notice (e.g. via email or in-product notice) and obtain your consent if required. Unless otherwise indicated, changes take effect for new activity after the effective date.
  2. Third-Party Services & Links. The Service may link to third-party websites, tools, or resources, or provide integrations with third-party software. We are not responsible for the availability, content, or practices of third parties. Your use of third-party services is governed by their terms, and you assume all risks of dependency.
  3. Governing Law. These Terms and any dispute or claim arising out of or relating to them will be governed by the laws of the State of Delaware, without regard to conflict of law principles. You agree that all disputes will be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.
  4. Notices. We may send you legal notices via email or by posting on the Service. You may send notices to us at: contact@gdsfactory.com
  5. Severability. If any provision of these Terms is deemed invalid or unenforceable, the remainder shall remain in full force and effect.
  6. Waiver. Our failure to enforce a provision is not a waiver of future enforcement.
  7. Assignment. You may not assign or transfer your rights or obligations under these Terms, except to a successor in interest in connection with a merger or sale of all or substantially all your business. We may freely assign or transfer our rights or obligations.
  8. Entire Agreement. These Terms (including the Privacy Policy and any documents incorporated by reference) constitute the entire agreement between you and the Company regarding the Service, and supersede all prior agreements.
  9. No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.