Last Updated: June 30, 2021
Dyspatch Terms of Service
Thanks for using Dyspatch. Dyspatch is owned and operated by Techdrop Labs Inc. (“Techdrop Labs”).
As a user of Dyspatch, you agree to the following Terms and Conditions and any Policies or amendments that may be presented to you from time to time (collectively, the “Terms”). Please read these Terms carefully. This is a legal agreement.
The following terms and conditions (the “Agreement”) govern all use of the www.dyspatch.io website (the “Site”) and the products and services available at the Site (taken together with the Site, the “Service”). The Service is owned and operated by Techdrop Labs Inc. (“Dyspatch”). The Service is offered subject to your (and the organization you represent) (together, “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Dyspatch. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.
Dyspatch reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
Subject to the terms and conditions of this Agreement, the Service is solely for User’s personal use.
Dyspatch may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or content. Dyspatch may also impose limits on certain features and services or restrict User’s access to parts or all of the Service without notice or liability.
User certifies to Dyspatch that if User is an individual (i.e., not a corporation) User is at least 18 years of age. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. Dyspatch does not knowingly collect or solicit personally identifiable information from children under 13; if User is a child under 13, please do not attempt to register for the Service or send any personal information about to Dyspatch. If Dyspatch learns it has collected personal information from a child under 13, Dyspatch will delete that information as quickly as possible. If User believes that a child under 13 may have provided Dyspatch personal information, please contact Dyspatch at firstname.lastname@example.org.
User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, Dyspatch shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Dyspatch reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Dyspatch server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Dyspatch’s systems or networks, or any systems or networks connected to the Service or to Dyspatch.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
A valid credit card is required for paying accounts (and may be required for additional free monthly resources).
Billing will be on a monthly or annual basis and is non-refundable, unless otherwise noted on the Pricing page for Dyspatch.
Monthly-based subscriptions will be billed on the same day of the following month (ex. June 21st and July 21st, and so on).
Usage-based plans, if offered, will be billed by resource usage as applicable for each Service. Charges are solely based on Dyspatch’s measurements of your usage, unless otherwise agreed to in writing.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes.
Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Dyspatch reserves the right to discontinue the provision of the Dyspatch to you for any late payments. You are responsible for paying all reasonable expenses and attorneys fees Dyspatch incurs collecting late amounts. To the fullest extent permitted by law, (1) you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights) and (2) refunds (if any) are at the discretion of Dyspatch.
Dyspatch may change its fees and payment policies for Dyspatch Services at any time. In the event such changes might have a monetary effect on paying customers, Dyspatch will notify affected customers at least thirty (30) days prior to the beginning of the billing cycle in which such change will take effect.
4. REGISTRATION; SECURITY.
As a condition to using certain products and services of the Service, User may be required to register with Dyspatch and select a password and User name (“Dyspatch User ID”). User shall provide Dyspatch with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a Dyspatch User ID a name of another person with the intent to impersonate that person; or (ii) use as a Dyspatch User ID a name subject to any rights of a person other than User without appropriate authorization. Dyspatch reserves the right to refuse registration of, or cancel a Dyspatch User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s Dyspatch password and other account information.
User agrees that all content and materials (collectively, “Content”) delivered via the Service or otherwise made available by Dyspatch at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Dyspatch in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content at this Site for User’s own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Dyspatch.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless Dyspatch, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from (i) User’s use or misuse of the Service; (ii) User’s access to any part of the Service, (iv) and content, information or materials used by User in connection with the Service, or (iv) User’s violation of this Agreement.
- Dyspatch Warranties to Users. Dyspatch shall use commercially reasonable efforts consistent with prevailing industry standards to provide the Service in a professional and workmanlike manner that is free of defects. User’s sole remedy, and Dyspatch’s exclusive liability, for defects in the Service shall be for Dyspatch to use commercially reasonable efforts to promptly correct such defects.
- User Warranties to Dyspatch. User represents and warrants that: (i) with respect to all information it provides to Dyspatch, User has the full right and authority to make such provision and to allow Dyspatch to use such information to provide the Service (including, without limitation, for Dyspatch to provide such information to its data providers), (ii) none of the content (e.g. emails) transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Service will infringe or otherwise conflict with the rights of any third party, and (iii) it will use the Service only in compliance with all applicable and regulations laws.
9. WARRANTY DISCLAIMER.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8, THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DYSPATCH MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS.
10. LIMITATION OF LIABILITY.
IN NO EVENT SHALL DYSPATCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.) (PROVIDED THAT, IF USER HAS PAID FEES TO DYSPATCH, SUCH AMOUNT WILL BE EQUAL TO THE FEES PAID BY USER TO DYSPATCH DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTIONS ACCRUES). In addition, Dyspatch shall not be liable for any loss or liability resulting, directly or indirectly, from User’s inability to access or otherwise use the Site (including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems or utility failures. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Dyspatch may terminate this Agreement at any time, upon notice to User (which may be via email). User may terminate this Agreement at any time by email. Upon termination notice from Dyspatch, User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
12. EXPORT AND TRADE CONTROLS.
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all United States, foreign and other applicable laws and regulations.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Dyspatch or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Dyspatch and protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of Dyspatch or its software suppliers and protected by United States and international copyright laws.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Dyspatch shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Dyspatch’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Dyspatch’s prior written consent. Dyspatch may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Dyspatch in any respect whatsoever.
Questions regarding this Agreement should be directed to email@example.com or by mailing Dyspatch at the following address:
Techdrop Labs Inc. Legal
737 Fort Street, Victoria, BC
V8W 1G9 CANADA
Techdrop Labs provides cloud application services to you in the form of Sendwithus, and other other services that may from time to time be offered (“Techdrop Labs Services”), provided that you are of legal age and standing to form a binding contract and are not a person barred from receiving services under the laws of the Canada or other applicable jurisdiction.
In order to access Techdrop Labs Services, you may be required to provide current and accurate identification, including a valid email address, and other information as part of the registration process or use of Techdrop Labs Services.
You are responsible for maintaining the confidentiality and security of your account and password, and are responsible for all activities that occur under your account. Techdrop Labs cannot and will not be liable for your failure to comply with this security obligation.
1. Appropriate Conduct
You agree that you are responsible for the conduct of the emails and email communications that you manage, run, and/or operate through or via the use of Techdrop Labs Services and such conduct shall be only for purposes that are legal, proper and in accordance with the provisions of these Terms and the Sendwithus Acceptable Use Policy, which is included here by reference.
You agree to immediately discontinue any use of Techdrop Labs Services that violates the Applicable Use Policy. Techdrop Labs reserves the right (but shall have no obligation) to take actions necessary to discontinue, disable, or otherwise take-down any use of Techdrop Labs Services that do not adhere to the Applicable Use Policy. You further acknowledge that you are solely responsible for maintaining and backing up any data, code, or applications that Techdrop Labs Services may access or interact with.
You agree that you will not engage in any activity that interferes with or disrupts Techdrop Labs Services or servers or networks connected to Techdrop Labs Services and that you will access Techdrop Labs Services only through the interfaces and commands generally made available by Techdrop Labs unless otherwise provided for under a separate agreement.
Users outside of Canada agree to comply with their own local rules regarding online conduct, including laws regulating the export of data to and from Canada or your country of residence.
2. Billing Policies
- A valid credit card is required for paying accounts (and may be required for additional free monthly resources).
- Billing will be on a monthly basis and is non-refundable, unless otherwise noted on the Pricing page for Techdrop Labs Services.
- Monthly-based subscriptions will be billed at the beginning of the month.
- Usage-based plans, if offered, will be billed by resource usage as applicable for each Service. Charges are solely based on Techdrop Labs measurements of your usage, unless otherwise agreed to in writing.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes.
- Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Techdrop Labs reserves the right to discontinue the provision of Techdrop Labs Services to you for any late payments. You are responsible for paying all reasonable expenses and attorneys fees Techdrop Labs incurs collecting late amounts. To the fullest extent permitted by law, (1) you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights) and (2) refunds (if any) are at the discretion of Techdrop Labs
- Techdrop Labs may change its fees and payment policies for Techdrop Labs Services at any time. In the event such changes might have a monetary effect on paying customers, Techdrop Labs will notify affected customers at least thirty (30) days prior to the beginning of the billing cycle in which such change will take effect.
3. Proprietary Rights
Techdrop Labs claims no ownership or control over any email communication, content, code, or data (collectively “Service Data”) sent, received, submitted, accessed, or otherwise processed by you via Techdrop Labs services. You or a third party licensor, as appropriate, retain all intellectual property rights including patent, trademark and copyright to such Service Data. By using Techdrop Labs Services, you give Techdrop Labs a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, publicly perform, and distribute the Service Data for the sole purpose and only to the extent necessary to enable Techdrop Labs Inc. to provide you with Techdrop Labs Services.
You agree that Techdrop Labs may make reasonable use of your name, logos, domain names and other distinctive brand features in presentations, marketing materials, and website listings for the purpose of advertising or publicizing your use of Techdrop Labs Services. Such use shall be in accordance with any trademark guidelines you may have in place.
Techdrop Labs’ Rights
Techdrop Labs grants you a personal, worldwide, non-transferable, and non-exclusive right and license to use Techdrop Labs Services subject to these Terms; provided that you or any third party enabled by you do not copy, modify, create a derivative work of, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right to Techdrop Labs Services or Techdrop Labs intellectual property.
You acknowledge and agree that Techdrop Labs Services and any necessary software used in connection with Techdrop Labs Services may contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties.
Techdrop Labs grants you a limited, non-exclusive, royalty-free, non-transferable license to display the Techdrop Labs Services trademarks and/or logos in reasonable (and good-looking) manner for the expressed purpose of promoting or advertising that you use Techdrop Labs Services, provided the use in accordance with Techdrop Labs’ current Trademark Guidelines, if any. You agree that all goodwill generated through your use of the Techdrop Labs Marks shall inure to the benefit of Techdrop Labs Inc. Techdrop Labs reserves the right to purchase beers or similar beverages on your behalf for your benefit for such display at such time and manner as Techdrop Labs may choose, doubly so if you make reference to this clause.
4. No Resale or Unauthorized Use
You agree not to resell any Techdrop Labs Service or provide unauthorized access to any Techdrop Labs Service unless specifically authorized in a separate written agreement.
You may discontinue your use of Techdrop Labs Services at any time. If you cancel Techdrop Labs Services under a monthly plan before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Usage-based plans will be billed for as long as services charges are being incurred.
You agree that Techdrop Labs may at any time and for any reason terminate your access to Techdrop Labs Services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Techdrop Labs Services, your account, or any Service Data. Sections 6 (Termination), 7 (Indemnity), 8 (Disclaimer of Warranties), 9 (Limitations of Liability), 10 (Exclusions and Limitations) and 13 (General Information), of the Terms, shall survive expiration or termination.
You agree to hold harmless and indemnify Techdrop Labs and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, suppliers, or partners from and against any third party claims, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature (collectively, “Claims”), arising from or in any way related to (a) your breach of the Terms, (b) your use of Techdrop Labs Services in a manner not permitted under these Terms, (c) your violation of applicable laws, rules or regulations in connection with Techdrop Labs Services, or (d) your emails, templates, or data, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Techdrop Labs will provide you with written notice of such Claim.
7. Disclaimer of Warranties
Except as expressly set forth in this Agreement, Techdrop Labs and its subsidiaries and affiliates and its licensors, makes no express or implied warranties of any kind with respect to Techdrop Labs Services including, without limitation, warranties of title, non-infringement, merchantability or fitness for a particular purpose. The Sendwithus website and Techdrop Labs Services are provided on an “AS IS” and “AS AVAILABLE” basis. The entire risk as to the quality and performance of the user of Techdrop Labs Services is with you. Techdrop Labs does not warrant that Techdrop Labs Services will meet your expectations or requirements or that the service will be uninterrupted, timely, or error-free including any errors or omissions in the provision of Techdrop Labs Services.
8. Limitations of Liability
In no event shall Techdrop Labs be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages, under common law or statute, arising out of or related to these Terms or Techdrop Labs Services in any causes of action of any kind, whether arising in tort, contract, or otherwise (even if Techdrop Labs has been advised of the possibility of such damages), including, without limitation, loss of revenues, profits, goodwill, use, data, or other intangible losses, resulting from: (i) the use or the inability to use the Techdrop Labs Services; (ii) the cost of procurement of substitute services; (iii) unauthorized access to or alteration of Service environments; or (iv) any other matter relating to Techdrop Labs Services.
9. Exclusions and Limitations
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this terms and conditions. In the event a jurisdiction does not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability, only the above limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
10. Updates and Notices
We may update these Terms in the future and we may choose to provide you with notices, including changes to the Terms, by email, regular mail, or postings regarding Techdrop Labs Services. You will be able to find the most current version of this agreement at the Terms section of the Sendwithus website. By providing Techdrop Labs with your email address, you consent to our using this email address to send you any notices required by law in lieu of communication by postal mail.
11. General Information
Applicable Law. These Terms represent the complete agreement concerning subject matter hereof. The Terms and the relationship between you and Techdrop Labs shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. You and Techdrop Labs agree to submit to the personal and exclusive jurisdiction of the courts located within the province of British Columbia, Canada.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
Waiver and Severability of Terms. The failure of Techdrop Labs to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of this contract is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
Force Majeure. Techdrop Labs shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Techdrop Labs Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Disclosure of Information. Techdrop Labs may provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Techdrop Labs shall not be liable for any use or disclosure of such information by such third parties.
12. Contacting Us
Questions regarding these Terms of Service and/or the pricing and billing practices of Techdrop Labs should be directed to firstname.lastname@example.org or by mailing:
Techdrop Labs Inc. Legal
737 Fort Street, Victoria, BC
V8W 1G9 CANADA