Please read these Terms and Conditions
(“Terms”,) carefully before using the intervy.app website (“Site”) and
associated web applications (the “Service”) operated by WeAreDots, SIA, doing
business as dots. (hereinafter referred to as “dots.”, “we”, “us”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and
others who wish to access or use the Service. By accessing or using the Service
you agree to be bound by these Terms. If you disagree with any part of the
terms then you do not have permission to access the Service.
The information provided on the Site is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Site from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is intended for users who are at
least 18 years old. Persons under the age of 18 are not permitted to use or
register for the Site.
User representations
By using the Site, you represent and
warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary; (3)
you have the legal capacity and you agree to comply with these Terms of Use;
(4) you are not a minor in the jurisdiction in which you reside; (5) you will
not access the Site through automated or non-human means, whether through a
bot, script or otherwise; (6) you will not use the Site for any illegal or
unauthorized purpose; and (7) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is
untrue, inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the Site
(or any portion thereof).
Communications
By creating an Account on our service, you
agree to subscribe to newsletters, marketing or promotional materials and other
information we may send. However, you may opt out of receiving any, or all, of
these communications from us by following the unsubscribe link or instructions
provided in any email we send.
Subscriptions
Some parts of the Service are billed on a
subscription basis (“Subscription(s)”). You will be billed in advance on a
recurring and periodic basis (“Billing Cycle”). Billing cycles are set either
on a monthly or annual basis, depending on the type of subscription plan you
select when purchasing a Subscription. At the end of each Billing Cycle, your
Subscription will automatically renew under the exact same conditions unless
you cancel it or dots. cancels it. You may cancel your Subscription renewal by
contacting dots. customer support team.
A valid payment method, including credit
card, is required to process the payment for your Subscription. You shall
provide dots. with accurate and complete billing information and a valid
payment method information. By submitting such payment information, you
automatically authorize dots. to charge all Subscription fees incurred through
your account to any such payment instruments.
All payments shall be in Euros.
We reserve the right to correct any errors
or mistakes in pricing, even if we have already requested or received payment.
Free trial
dots. may, at its sole discretion, offer a
Subscription with a free trial for a limited period of time (“Free Trial”). At
the end of the Free Trial, you will be given the choice to keep using the
services for a fee or to cancel your account and discontinue the use of the Site
at no cost. At any time and without notice, dots. reserves the right to (i)
modify the terms and conditions of the Free Trial offer, or (ii) cancel such
Free Trial offer.
Fee changes
When registering with the Site, you may
select to create a free account. No credit card information is needed at this
time but your access to our platform’s features will be limited. You can access
our pricing on the following page here: intervy.app.
If you choose to do so, you may select a
paid account that fits your needs. We offer a variety of plans, all available
on the page above.
dots., in its sole discretion and at any
time, may modify the Subscription fees for the Subscriptions. Any Subscription
fee change will become effective at the end of the then-current Billing Cycle.
dots. will provide you with a reasonable
prior notice of any change in Subscription fees to give you an opportunity to
terminate your Subscription before such change becomes effective.
Cancellation
All purchases are non-refundable. You can cancel
your subscription at any time by logging into your account or contacting us
using the contact information provided below. Your cancellation will take
effect at the end of the current paid term.
Software
We may include software for use in connection
with our services. If such software is accompanied by an end user license
agreement (“EULA”), the terms of the EULA will govern your use of the software.
If such software is not accompanied by a EULA, then we grant to you a
non-exclusive, revocable, personal, and non-transferable license to use such
software solely in connection with our services and in accordance with these
Terms of Use.
Any Software and any related documentation
is provided “as is” without warranty of any kind, either express or implied,
including, without limitation, the implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. You accept any and all
risk arising out of use or performance of any Software. You may not reproduce
or redistribute any software except in accordance with the EULA or these Terms
of Use.
Content
Our Service allows you to post, link,
store, share and otherwise make available certain information, text, graphics,
videos, or other material (“Content”). You are responsible for the Content that
you post on or through the Service, including its legality, reliability, and
appropriateness.
By posting Content on or through the
Service, You represent and warrant that: (i) the Content is yours (you own it)
and/or you have the right to use it and the right to grant us the rights and
license as provided in these Terms, and (ii) that the posting of your Content
on or through the Service does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person or
entity. We reserve the right to terminate the account of anyone found to be
infringing on a copyright.
You retain any and all of your rights to
any Content you submit, post or display on or through the Service and you are
responsible for protecting those rights. We take no responsibility and assume
no liability for Content you or any third party posts on or through the
Service.
However, by posting Content using the
Service you grant us the right and license to use, modify, perform, display,
reproduce, and distribute such Content on and through the Service.
dots. has the right but not the obligation
to monitor and edit all Content provided by users.
In addition, Content found on or through
this Service are the property of dots. or used with permission. You may not
distribute, modify, transmit, reuse, download, repost, copy, or use said
Content, whether in whole or in part, for commercial purposes or for personal
gain, without express advance written permission from us.
Prohibited activities
You may not access or use the Site for any
purpose other than that for which we make the Site available. As a user of the
Site, you agree not to:
·
permit any third party that is
not an Authorized User to access or use a username or password for the Services;
·
share, transfer or otherwise
provide access to an account designated for you to another person;
·
use the Services to store or
transmit any Content that may infringe upon or misappropriate someone else’s
trademark, copyright, or other intellectual property, or that may be tortious
or unlawful;
·
upload to, or transmit from,
the Services any data, file, software, or link that contains or redirects to a
virus, Trojan horse, worm, or other harmful component or a technology that
unlawfully accesses or downloads content or information stored within the
Services or on the hardware of dots. or any third party;
·
attempt to reverse engineer,
decompile, hack, disable, interfere with, disassemble, modify, copy, translate,
or disrupt the features, functionality, integrity, or performance of the
Services (including any mechanism used to restrict or control the functionality
of the Services), any third party use of the Services, or any third party data
contained therein (except to the extent such restrictions are prohibited by
applicable law);
·
attempt to gain unauthorized
access to the Services or related systems or networks or to defeat, avoid,
bypass, remove, deactivate, or otherwise circumvent any software protection or
monitoring mechanisms of the Services;
·
access the Services in order to
build a similar or competitive product or service or copy any ideas, features,
functions, or graphics of the Services;
·
use the Services in any manner
that may harm minors or that interacts with or targets people under the age of
thirteen;
·
engage in activity that incites
or encourages violence or hatred against individuals or groups;
·
impersonate any person or
entity, including, but not limited to, an employee of ours, an “Administrator”,
an “Owner”, or any other Authorized User, or falsely state or otherwise
misrepresent your affiliation with a person, organization or entity;
·
use the Services to provide
material support or resources (or to conceal or disguise the nature, location,
source, or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality Act or other laws
and regulations concerning national security, defense or terrorism;
·
access, search, or create
accounts for the Services by any means other than our publicly supported
interfaces (for example, “scraping” or creating accounts in bulk);
·
send unsolicited
communications, promotions or advertisements, or spam;
·
place any advertisements within
a dots. client;
·
send altered, deceptive or
false source-identifying information, including “spoofing” or “phishing”;
·
abuse referrals or promotions
to get more credits than deserved;
·
sublicense, resell, time share
or similarly exploit the Services;
·
use the Services for consumer
purposes, as dots. is intended for use by businesses and organizations;
·
access or use the Services on
behalf of, or for the benefit of, any Patent Assertion Entity (as defined in
the Customer-Specific Supplement);
·
use contact or other user
information obtained from the Services (including email addresses) to contact
Authorized Users outside of the Services without their express permission or
authority or to create or distribute mailing lists or other collections of
contact or user profile information for Authorized Users for use outside of the
Services; or
·
authorize, permit, enable,
induce or encourage any third party to do any of the above.
Site management
We reserve the right, but not the
obligation, to: (1) monitor the Site for violations of these Terms of Use; (2)
take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Terms of Use, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or
any portion thereof; (4) in our sole discretion and without limitation, notice,
or liability, to remove from the Site or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Site in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Site.
Privacy policy
We care about data privacy and security.
Please review our Privacy Policy: intervy.app/privacy-policy. By using the
Site, you agree to be bound by our Privacy Policy, which is incorporated into
these Terms of Use. Please be advised the Site is hosted in Latvia. If you
access the Site from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ
from applicable laws in Latvia, then through your continued use of the Site,
you are transferring your data to Latvia, and you agree to have your data
transferred to and processed in Latvia.
Intellectual property
The Service and its original content
(excluding Content provided by users), features and functionality are and will
remain the exclusive property of dots. and its licensors. The Service is protected
by copyright, trademark, and other laws of both the Latvia and foreign
countries. Our trademarks and trade dress may not be used in connection with
any product or service without the prior written consent of dots.
If you believe that any material available
on or through the Site infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below.
Termination
We may terminate or suspend your account
and bar access to the Service immediately, without prior notice or liability,
under our sole discretion, for any reason whatsoever and without limitation,
including but not limited to a breach of the Terms.
If you wish to terminate your account, you
may simply discontinue using the Service. All provisions of the Terms which by
their nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
Indemnification
You agree to defend, indemnify and hold
harmless dots. and its licensee and licensors, and their employees,
contractors, agents, officers and directors, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney’s fees), resulting from or arising out
of a) your use and access of the Service, by you or any person using your
account and password; b) a breach of these Terms, or c) Content posted on the
Service.
Limitation of liability
In no event shall dots., nor its directors,
employees, partners, agents, suppliers, or affiliates, 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 (i) your access to or use of or inability to access or use the
Service; (ii) any conduct or content of any third party on the Service; (iii)
any content obtained from the Service; and (iv) unauthorized access, use or
alteration of your transmissions or content, 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.
Notwithstanding anything to the contrary
contained herein, our liability to you for any cause whatsoever and regardless
of the form of the action, will at all times be limited to the amount paid, if
any, by you to us during the six (6) month period prior to any cause of action
arising.
Disclaimer
Your use of the Service is at your sole
risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The
Service is provided without warranties of any kind, whether express or implied,
including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, non-infringement or course of performance.
dots. its subsidiaries, affiliates, and its
licensors do not warrant that a) the Service will function uninterrupted,
secure or available at any particular time or location; b) any errors or
defects will be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your requirements.
Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
Governing law
These Terms shall be governed and construed
in accordance with the laws of Latvia, without regard to its conflict of law
provisions.
Our failure to enforce any right or
provision of these Terms will not be considered a waiver of those rights. If
any provision of these Terms is held to be invalid or unenforceable by a court,
the remaining provisions of these Terms will remain in effect. These Terms
constitute the entire agreement between us regarding our Service, and supersede
and replace any prior agreements we might have had between us regarding the
Service.
Changes
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 Service
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 Service.
Electronic communications, transactions,
and signatures
Visiting the Site, sending us emails, and
completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communication be
in writing.
You hereby agree to the use of
electronic signatures, contracts, orders, and other records, and to electronic
delivery of notices, policies, and records of transactions initiated or
completed by us or via the site.
You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means
other than electronic means.
Miscellaneous
These Terms of Use and any policies or
operating rules posted by us on the Site or in respect to the Site constitute
the entire agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use shall not
operate as a waiver of such right or provision. These Terms of Use operate to
the fullest extent permissible by law. We may assign any or all of our rights
and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control.
If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of Use or
use of the Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms of Use.
Contact us
In order to resolve a complaint regarding
the Site or to receive further information regarding use of the Site, please
contact us at:
WeAreDots, SIA
Kronvalda Boulevards 3-5,
Riga, LV-1010
Latvia
Phone: +371 67509912
info@wearedots.com