These Website Terms of Service (“Terms”) govern your access to and use of the websites and web-based content (collectively, the “Website”) operated 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 Website, you accept and agree to be bound by these Terms (and any additional terms incorporated by reference). Use of any SaaS products or software services available through or in connection with this Website is governed separately by a separate Terms of Service, which you will be asked to agree to when accessing such products or services.
If you do not agree to all of these Terms, you must not access or use the Website.
1. Definitions
“Account” means a user account you create to use the Website.
“Documentation” means user manuals, help guides, API documents, and other published documentation related to the Website.
“Open Source Components” means software components in the Website licensed under open source or third-party licenses.
“User Content” means content you upload, post, submit, or generate via the Website (e.g. designs, layout files, project data).
2. Eligibility; Account Registration; Security
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.
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.
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.
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 Website or other users.
3. Provision of the Website
Access. Subject to your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable right to access and browse the Website (including its Documentation and content) for your personal or internal business purposes.
Modifications. We may modify, suspend, or discontinue features of the Website (or the entire Website), temporarily or permanently, at any time, with or without notice. All features of the Website are subject to change. Uptime and availability is not guaranteed.
Updates. We may push updates, enhancements, or bug fixes to the Website, which may change or remove features.
4. License, Intellectual Property & Restrictions
Company Ownership. All rights, title, and interest in and to the Website (excluding User Content and Open Source Components) are and remain with the Company or its licensors.
License to Use. Subject to these Terms, you are granted a limited, revocable, nonexclusive license to access and use the Website for your personal or internal business purposes.
Open Source Components. Any Open Source Components included in the Website remain governed by their respective open-source licenses; nothing in these Terms overrides those licenses.
User Content & Feedback.
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 Website to you and other users (e.g., in anonymized aggregate form).
Feedback. You grant us a perpetual, irrevocable, royalty-free license to use feedback, suggestions, or ideas you submit to improve or evolve the Website.
Restrictions. You shall not, and shall not allow others to:
reverse engineer, decompile, or disassemble the Website (except to the extent permitted by law);
circumvent security mechanisms or access controls;
sublicense, rent, lease, transfer, or distribute the Website (except as expressly allowed);
use the Website to host or transmit infringing, unlawful, or harmful content;
overburden or disrupt the Website, or perform denial-of-service or similar attacks;
use the Website to build a competing product (unless explicitly permitted);
violate export control, encryption, or relevant technology laws
5. Data, Privacy & Security
Privacy Policy. Use of the Website is also governed by our Privacy Policy, which is incorporated by reference and explains how we collect, use, store, and disclose your personal information.
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).
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.
6. Disclaimers & Warranties
THE WEBSITE 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).
NEITHER THE COMPANY NOR ITS AFFILIATES WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.
YOU USE THE WEBSITE AT YOUR OWN RISK.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
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 WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF THE COMPANY FOR CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE WEBSITE WILL NOT EXCEED FIVE HUNDRED U.S. DOLLARS (USD $500).
Some jurisdictions do not allow exclusion or limitation of certain damages, so portions of this section may not apply to you.
8. Indemnification
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:
your use or misuse of the Website or violation of these Terms;
your User Content or your violation of any rights of another party;
your breach of any representation, warranty, or covenant under these Terms.
9. Term, Suspension & Termination
Term. These Terms take effect when you first use or access the Website, and remain in effect until terminated.
Termination by You. You may terminate your use of the Website at any time by deleting your Account or discontinuing use.
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.
Effects of Termination. Upon termination:
your rights under these Terms immediately cease;
we may delete or de-identify your User Content (unless required to retain under law);
Sections 4, 6, 7, 8, 9.4, 10, 11 shall survive termination hereof.
10. Export Control; Compliance
You shall comply with all applicable export laws and regulations (U.S. and foreign) regarding the transfer, distribution, and use of the Website 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 Website in violation of such laws.
11. Additional Terms
Amendment. We may revise these Terms from time to time (for example, to reflect changes to the Website or legal requirements). If we make material changes, we will provide notice (e.g. via email or by posting a notice on the Website) and obtain your consent if required. Unless otherwise indicated, changes take effect for new activity after the effective date.
Third-Party Services & Links. The Website 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.
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.
Notices. We may send you legal notices via email or by posting on the Website. You may send notices to us at: contact@gdsfactory.com
Severability. If any provision of these Terms is deemed invalid or unenforceable, the remainder shall remain in full force and effect.
Waiver. Our failure to enforce a provision is not a waiver of future enforcement.
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.
Entire Agreement. These Terms (including the Privacy Policy and any documents incorporated by reference) constitute the entire agreement between you and the Company regarding your use of the Website, and supersede all prior agreements relating thereto. They do not govern use of any SaaS products or services, which are subject to separate terms.
No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.