Effective Date: July 22, 2022
TERMS OF SERVICE
1. Acceptance of Terms
By accessing, signing up for, downloading, or using DSPTCH’s products, services, templates, marketing materials. reference materials, documents, artifacts, maps, databases, information, or other capabilities, you agree to be bound by these Terms of Service. If you do not agree, you may not access or use DSPTCH Services.
2. User Account
To access certain features of DSPTCH Services, you may be required to create an account. You agree to:
- Provide accurate, complete, and up-to-date information during registration.
- Maintain the confidentiality of your account credentials.
- Accept responsibility for all activities that occur under your account.
- Notify DSPTCH immediately of any unauthorized use or security breach.
3. Restrictions on Reverse Engineering and Data Protection
You explicitly agree not to, and shall not allow any third party to:
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying ideas of DSPTCH Services.
- Copy, modify, create derivative works, or attempt to replicate DSPTCH’s proprietary templates, documents, artifacts, maps, databases, or any other proprietary information.
- Circumvent any technological measures implemented to protect DSPTCH Services.
- Use automated means to scrape, extract, or mine DSPTCH data without express written consent.
- Access, use, or distribute DSPTCH’s data or intellectual property beyond the scope permitted by these Terms.
4. Acceptable Use Policy
You agree not to use DSPTCH Services to:
- Violate any applicable laws or regulations.
- Engage in fraudulent, deceptive, or unlawful behavior.
- Transmit malicious software, viruses, or other harmful code.
- Harass, abuse, or harm others, including DSPTCH employees and users.
- Introduce unauthorized integrations, plugins, or third-party software that may compromise security or functionality.
5. Penalties for Violations
Any violation of these restrictions will result in:
- Immediate termination of your access to DSPTCH Services.
- Legal action, including but not limited to, claims for damages, injunctive relief, and other appropriate remedies.
- Financial penalties as determined by DSPTCH in its sole discretion, at minimum, equal to the equivalent licensing value of lost revenue, unpaid services, or potentially applicable value determined by DSPTCH.
- Cooperation with law enforcement authorities if required.
6. Audit Rights
DSPTCH reserves the right to conduct audits at any time, without prior notice, to verify compliance with these Terms. You agree to provide DSPTCH with full access to relevant records, systems, and personnel necessary to complete such audits. Failure to comply with an audit request may result in suspension or termination of access to DSPTCH Services and financial penalties related to any competing services, lost revenue, or damages.
7. Privacy Policy and Data Security
Your use of DSPTCH Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using DSPTCH Services, you consent to our data practices as outlined in the Privacy Policy.
- DSPTCH implements commercially reasonable security measures to protect user data; however, no system is 100% secure. You acknowledge and accept the inherent risks associated with online services.
- You are responsible for maintaining the security of your devices and networks when accessing DSPTCH Services.
8. Intellectual Property and Data Ownership
All content, trademarks, and intellectual property within DSPTCH Services are the exclusive property of DSPTCH. You may not use any DSPTCH branding, logos, or materials without prior written consent.
- Any data entered into DSPTCH Services remains your property; however, DSPTCH retains a license to use such data as necessary for providing, improving, and analyzing its services.
- You agree not to upload, distribute, or store data that violates applicable laws, regulations, or third-party rights.
9. Subscriptions and Payments
Certain features of DSPTCH Services may require a paid subscription. By purchasing a subscription, you agree to:
- Pay all applicable fees and taxes associated with your subscription.
- Automatic renewal of subscriptions unless canceled before the renewal date.
- No refunds except as required by law or expressly stated in our refund policy within client-specific contracts.
10. Use of Company Name and User Information
By using DSPTCH Services, you grant DSPTCH the right to:
- Use your company name in marketing materials, including but not limited to, website listings, case studies, promotional content, and customer testimonials.
- Use user information for research, information gathering, and market intelligence purposes in accordance with its Privacy Policy.
- Retain anonymized user data for service improvements and analytics.
11. Payroll, Timekeeping, and Field Service Management
If DSPTCH Services include payroll, timekeeping, field service management, or workforce tracking, you agree that:
- You are responsible for ensuring compliance with all applicable labor laws and regulations.
- DSPTCH is not liable for any payroll errors, tax miscalculations, or labor / tax/ third party compliance issues.
- Timekeeping data is subject to audits and reviews to ensure accuracy and compliance.
12. User Tracking, Navigation, and GPS Safety
If DSPTCH Services include user tracking, navigation, or GPS-based features, you acknowledge and agree that:
- Location data may be collected, stored, and used for service functionality and safety purposes.
- DSPTCH is not responsible for inaccuracies in navigation or GPS data.
- Users should not rely solely on DSPTCH Services for safety or emergency response.
13. Indemnification for Tax Credit Losses and Payroll Errors
You agree to indemnify, defend, and hold harmless DSPTCH from any and all claims, liabilities, losses, damages, or expenses (including legal fees) arising from:
- Tax credit losses due to errors, miscalculations, or misconfigurations.
- Payroll processing errors or omissions, including misreported wages or tax deductions.
- Compliance failures resulting from the use of DSPTCH Services for payroll, tax, or accounting purposes.
- Any regulatory fines, penalties, or financial damages incurred due to reliance on DSPTCH Services.
- Any data breaches, loss, or misuse caused by your failure to implement security best practices.
14. Disclaimer of Warranties
DSPTCH Services are provided "as is" and "as available" without warranties of any kind. DSPTCH disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
15. Limitation of Liability
To the fullest extent permitted by law, DSPTCH shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of DSPTCH Services, even if advised of the possibility of such damages.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Texas. Any disputes arising under or in connection with these Terms shall be resolved exclusively in the courts of Harris County Texas.
17. Amendments
DSPTCH reserves the right to update or modify these Terms at any time. Continued use of DSPTCH Services after changes have been made constitutes acceptance of the revised Terms.
18. Termination
DSPTCH reserves the right to terminate or suspend your access to DSPTCH Services at any time, with or without cause or notice.
19. Contact Information
For any questions regarding these Terms, please contact us.
By using DSPTCH Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
HOW TO CONTACT US
If you have any questions, comments or concerns with respect to our privacy practices or this Policy, or wish to update your information, please feel free to contact us at help@dsptch.work.
You may also write to us at the following address:
600 Travis Street
Suite 750
Houston, TX 77002
Re: DSPTCH TOS