Terms of Service

AGREEMENT TO TERMS

Welcome to DartFrog Labs! These Terms of Use constitute a legally binding agreement made between you, whether individually or on behalf of an entity, (“User” or “you”) and DartFrog Labs (“Company,” “we,” “us,” or “our”), concerning your access to and use of the dartfrog.dev website (the “Site”) as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.By accessing the Site, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

MODIFICATION

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use at any time, without prior notice. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

USER AGE

The Site is intended for adults of legal age. Users under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

All content on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of DartFrog Labs or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

USER REPRESENTATIONS

FEES AND PAYMENT

CANCELLATION

Please note that all purchases are non-refundable. You may cancel your subscription at any time by using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

SOFTWARE

We may provide software for use in conjunction with our services. If this software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your usage of the software. If the software is not accompanied by a EULA, we grant you a non-exclusive, revocable, personal, and non-transferable license to use the software solely in connection with our services and in compliance with these Terms of Use.

Any software and related documentation are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume all risks associated with the use or performance of any software. You may not reproduce or redistribute any software except in compliance with the EULA or these Terms of Use.

PROHIBITED ACTIVITIES

You may only use the Site for the purposes for which it is intended. The Site is not for commercial purposes, except with our written permission.

As a user, you agree not to:

1. Retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without our written permission.

2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means or creating user accounts by automated means or under false pretenses.

3. Use a buying agent or purchasing agent to make purchases on the Site.

4. Advertise or offer to sell goods and services on the Site.

5. Interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

6. Engage in unauthorized framing or linking to the Site.

7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

8. Make improper use of our support services or submit false reports of abuse or misconduct.

9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

11. Attempt to impersonate another user or person or use the username of another user.

12. Sell or otherwise transfer your profile.

13. Use any information obtained from the Site to harass, abuse, or harm another person.

14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

18. Retain the copyright or other proprietary rights notice from any Content.

19. Copy or adapt the Site’s software, including but not limited to React, TypeScript, HTML, JavaScript, or other code.

20. Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

21. Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices.

22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

23. Disparage, tarnish, or otherwise harm us and/or the Site in our opinion.

24. Use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site doesn't allow users to submit content. However, you may still have the opportunity to create and submit Contributions to us or on the Site, such as text, videos, and photos. Your Contributions may be viewable by other users of the Site and third-party websites and will be treated in accordance with the Site Privacy Policy. By submitting Contributions, you represent and warrant that your content:

● Does not infringe on any third party's proprietary rights

● Is not false, inaccurate, or misleading

● Is not used to harass, intimidate, or abuse anyone

● Does not violate any applicable laws, regulations, or rules

● Does not contain material that solicits personal information from anyone under 18

● Does not violate any applicable law concerning child pornography or the well-being of minors

● Does not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap

● Does not violate any provisions of these Terms of Use or any applicable law or regulation

Using the Site in violation of the above may result in termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide, following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensating you.

We do not claim ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions, provided by you in any area of the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to release us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

MOBILE APPLICATION LICENSE

Use License

If you access the Site using a mobile application, we grant you a limited right to install and use the application on wireless electronic devices owned or controlled by you. You may only access and use the application strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:

1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;

3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;

4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;

5. use the application for any revenue-generating endeavor, commercial enterprise, or other purpose not designed or intended for the application;

6. make the application available over a network or other environmental permitting access or use by multiple devices or users at the same time;

7. use the application to create a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;

8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or

9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

When you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site, the following terms apply:

1. The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.

2. We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.

3. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor. The App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.

4. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

5. You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application.

6. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use. Each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SUBMISSIONS

You agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to us about the Site (collectively, "Submissions") are non-confidential and become our property. We have exclusive rights, including all intellectual property rights, and can use and share these Submissions for any lawful purpose, commercial or otherwise, without your acknowledgment or compensation. When you submit any Submissions, you waive all moral rights to them and warrant that they are original or that you have the right to submit them. You also agree not to hold us liable for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to other websites ("Third-Party Websites") as well as content or items belonging to third parties ("Third-Party Content"). We do not investigate, monitor, or check for accuracy, appropriateness, or completeness the Third-Party Websites and Third-Party Content. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

U.S. GOVERNMENT RIGHTS

Our services are classified as "commercial items" according to the Federal Acquisition Regulation ("FAR") 2.101. If our services are obtained by or on behalf of a non-Department of Defense ("DOD") agency, they must adhere to the terms outlined in these Terms of Use as per FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are obtained by or on behalf of a DOD agency, then the terms outlined in these Terms of Use must be followed in accordance with Defense Federal Acquisition Regulation ("DFARS") 227.7202-3. Additionally, DFARS 252.227-7015 is applicable to the technical data obtained by the DOD. This U.S. Government Rights clause replaces and supersedes any other FAR, DFARS, or other clause or provision related to government rights in computer software or technical data under these Terms of Use.

SITE MANAGEMENT

We have the right to:

1. Monitor the Site for violations of these Terms of Use.

2. Take legal action against anyone who violates the law or these Terms of Use, as determined solely by us, including reporting such violations to law enforcement.

3. Refuse, restrict access to, limit the availability of, or disable (to the extent technically possible) any of your Contributions or any portion thereof, as determined solely by us and without restriction.

4. 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, as determined solely by us and without notice or liability.

5. Manage the Site in a way that protects our rights and property and ensures the proper functioning of the Site.

PRIVACY POLICY

We emphasize data privacy and security. By using the Site, you are agreeing to be bound by our Privacy Policy, which is posted on the Site and included in these Terms of Use. Please be aware that the Site is hosted in the United States. If you access the Site from a region with different laws or requirements regarding personal data collection, use, or disclosure, you are transferring your data to the United States by using the Site, and you agree to have your data transferred to and processed in the United States.

TERM AND TERMINATION

These Terms of Use will be active as long as you use the Site. We have the right to refuse access to the Site to any individual, without any notice or liability, and we can block certain IP addresses. We can do this for any reason or without a reason, including a violation of a representation, warranty, covenant, or applicable law or regulation. At our sole discretion, we can delete any content or information that you have posted, or terminate your use or participation in the Site, at any time and without warning.

If we terminate or suspend your account for any reason, you are not allowed to create another account using your name, a fake or borrowed name, or the name of a third party, even if you are acting on behalf of the third party. We reserve the right to take the appropriate legal action, including pursuing civil, criminal, and injunctive redress, in addition to terminating or suspending your account.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at our discretion and without notice, for any reason. However, we are not required to update any information on our Site. Additionally, we may modify or discontinue all or part of the Site without notice at any time. We will not be responsible for any modification, price change, suspension, or discontinuance of the Site.

Please be aware that we cannot guarantee the Site will be accessible at all times. We may encounter hardware, software, or other issues or need to conduct maintenance related to the Site, which could result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notifying you. By using the Site, you agree that we will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Please note that nothing in these Terms of Use will require us to maintain and support the Site or to provide any corrections, updates, or releases in connection with it.

DISPUTE RESOLUTION

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware. These laws apply to agreements made and to be performed entirely within the State of Delaware, without regard to any conflict of law principles.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware. These laws apply to agreements made and to be performed entirely within the State of Delaware, without regard to any conflict of law principles.

CORRECTIONS

Please be advised that information on the Site may contain typographical errors, inaccuracies, or omissions, such as descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

THE SITE IS PROVIDED AS IS AND AS AVAILABLE. YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR OWN RISK. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE ARE NOT LIABLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE, UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS TRANSMITTED THROUGH THE SITE BY ANY THIRD PARTY, OR ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS. WE DO NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY THIRD-PARTY PROVIDERS THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE ARE NOT RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE, YOU SHOULD USE YOUR BEST JUDGMENT AND CAUTION.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You are agreeing to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. Your use of the Site

2. Your breach of these Terms of Use

3. Any breach of your representations and warranties set forth in these Terms of Use

4. Your violation of the rights of a third party, including but not limited to intellectual property rights

5. Any overt harmful act toward any other user of the Site with whom you connected via the Site.

Please note that we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will keep track of the data you send to the Site to manage its performance, as well as data related to your use of the Site. While we do regular backups of data, you are responsible for all the data you send or that relates to any activity you undertake on the Site. By using the Site, you agree that we are not responsible for any loss or corruption of the data and you waive any right to take legal action against us for such loss or corruption of data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting the Site, sending us emails, and completing online forms, you are engaging in electronic communications. You agree to receive electronic communications and acknowledge that any agreements, notices, disclosures, or other communications we provide to you electronically, via email or on the Site, satisfy all legal requirements that such communication be in writing. By using the Site, you are also agreeing to the use of electronic signatures, contracts, orders, and other records, as well as to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or that require payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If you are not happy with how we resolve any complaints, you can write to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or call (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted on the Site or in respect to the Site constitute the complete agreement between you and us. We reserve the right to assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. These Terms of Use do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use will not be construed against us by virtue of being drafted by us. You hereby waive any and all defenses based on the electronic form of these Terms of Use and the lack of signing by the parties 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:

DartFrog Labs Inc.

United States‍

contact@dartfrog.dev