Terms of Service

Welcome to the Phonedash website located at https://phonedash.us (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (https://phonedash.us/privacy-policy/) carefully because they govern your use of our Site and our mobile application design platform accessible via our Site and our mobile device application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.” The terms “we”, “us”, “our”, or “Phonedash” refer to Phonedash, Inc., a Delaware corporation, and its subsidiaries and corporate affiliates. The term “you” or “your” refers to the customer visiting the Site or using the Services. An “Affiliate” of Phonedash shall mean any entity which is controlled by, which controls, or which is under common control with Phonedash, where the term “control” means the ownership, directly or indirectly, of more than fifty percent (50%) of the shares entitled to vote for the election of directors.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Phonedash WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Agreement to Terms

By clicking “I Accept”, or by using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

2. Privacy Policy

Please refer to our Privacy Policy (https://phonedash.us/privacy-policy) for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

3. Description of Terms and Services

A. Preview Services

You understand and acknowledge that the Service is being provided as a “Preview”, and is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing us with feedback on the quality and usability of the Service. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. We strongly encourage you to back-up all data and information on your device and any peripherals prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, Phonedash is not obligated to provide any maintenance, technical or other support for the Service.

B. Modification of Terms

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services

A. Eligibility

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Phonedash and are not barred from using the Services under applicable law.

B. Registration and Your Information

If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or the App. You will be solely responsible for safeguarding your Account information and for all activity that occurs under your Account. It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account, which we reserve the right to do at any time without notice. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

C. Prohibited Activities

The content and information on this Site and the App as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to: Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products, or services obtained from or through the Services; use the Services or its contents for any commercial purpose; use the Services for any fraudulent purpose; access, monitor or copy any content or information of the Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services; take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; deep—link to any portion of the Services for any purpose without our express written permission; or “frame”, “mirror” or otherwise incorporate any part of the Services into any other website without our prior written authorization. If your Account shows signs of fraud, abuse or suspicious activity, Phonedash may immediately suspend your Account. If you have conducted any fraudulent activity, Phonedash reserves the right to take any necessary legal action and you may be liable for monetary losses to Phonedash, including litigation costs and damages. To contest the freezing or closure of an Account, please contact Phonedash Customer Service.

D. Links to Third Party Services Providers and related Websites or Resources

The Services may contain links to third-party websites or resources (“Third Party Websites”). Phonedash does not control and is not responsible for Third Party Websites or any material, information or results available through Third Party Websites and you acknowledge and agree that the applicable Third Party Websites may require you to agree to separate terms and conditions or agreements with respect to such Third Party Website services. You are and will be solely responsible for, and assume all risk arising from, the selection, use and receipt of any use of or services from Third Party Websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Services or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such Third Party Websites does not imply any endorsement of the material on such Third Party Websites or any association with their operators.

5. Bank and Credit Card Fees

Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction, and Phonedash has no control over such fees.

6. Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

7. Content and Content Rights

For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. Phonedash DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO CONTENT DESCRIBING ANY THIRD PARTY.

Ownership of Content: Phonedash and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in Content Granted by Phonedash: Subject to your compliance with these Terms, Phonedash grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely in the context of the functionality of the Services.

8. Software Available on this Site

Any software that we make available to download from this Site (“Software”) or through a mobile application store, including the App, is the copyrighted work of Phonedash. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Site not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the App for viewing and otherwise using this Site and/or accessing the content and information available within the App in accordance with these Terms of Use and for no other purpose.

Your mobile device must be connected to the internet for the App to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the App transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, App will automatically transfer a small amount of data as part of its normal operation, including how you use the App, which Content you access, and technical errors or problems which the App may encounter while being used. By using the App, you acknowledge, agree and consent to the automatic collection of this information.

9. General Prohibitions, Obligations and Phonedash’s Enforcement Rights

For purposes of these Terms, “Your Data” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise uploaded to the Services by You.

You agree not to do any of the following: Post, upload, publish, submit or transmit any Your Data or any other content, material, or data that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. Use, display, mirror or frame the Services or any individual element within the Services, Phonedash’s name, any Phonedash trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Phonedash’s express written consent; Access, tamper with, or use non-public areas of the Services, Phonedash’s computer systems, or the technical delivery systems of Phonedash’s providers; Attempt to probe, scan or test the vulnerability of any Phonedash system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Phonedash or any of Phonedash’s providers or any other third party (including another user) to protect the Services or Content; Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Phonedash or other generally available third-party web browsers; Use any meta tags or other hidden text or metadata utilizing a Phonedash trademark, logo URL or product name without Phonedash’s express written consent; Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Your Data or to review or edit any of Your Data, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of Your Data, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of Your Data to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

10. Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email protected]. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Phonedash has adopted a policy of terminating, in appropriate circumstances and at Phonedash’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

11. Additional Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. Phonedash does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and services displayed on the Services.

Phonedash makes no guarantees about the availability of specific products and services. Phonedash makes no representations about the suitability of the information, software, products and services contained on the Services for any purpose, and the inclusion or offering of any products or services on the Services does not constitute any endorsement or recommendation of such products or services by Phonedash.

12. Indemnity

You will indemnify and hold harmless Phonedash and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) Your Data, (ii) your access to or use of the Site, Services, or Content, (iii) your relationship with any Third Party Website, or (iv) your violation of these Terms or applicable law.

13. Limitation of Liability

Phonedash WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Phonedash HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL Phonedash’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Phonedash AND YOU.

14. Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Initial Resolution

You agree to give Phonedash an opportunity to resolve any disputes or claims relating in any way to the Site or Services, any representations made by us, or our Privacy Policy (“Claims”) by contacting Phonedash Customer Support at [email protected]. If we are not able to resolve your Claims within sixty (60) days, you may seek relief through arbitration or in small claims court, as set forth below.

Agreement to Arbitrate

You and Phonedash agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). This includes any Disputes you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Disputes that arose before you accepted these Terms of Use. The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Phonedash are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Phonedash otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Phonedash otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Phonedash submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Phonedash will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Phonedash will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Phonedash changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.client.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Phonedash’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Phonedash in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

15. General Terms

These Terms constitute the entire and exclusive understanding and agreement between Phonedash and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Phonedash and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Phonedash’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Phonedash may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Phonedash under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Phonedash’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Phonedash. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

You agree that no joint venture, partnership, or employment relationship exists between you and Phonedash as a result of this Agreement or use of this Site.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use.

Any rights not expressly granted herein are reserved.

16. Contact Information

If you have any questions about these Phonedash (Beta) Terms or the Services, please contact Phonedash by filling out the email form on our contact page by clicking the link below.

https://phonedash.us/contact