1. General, Scope
1.1 The following General Terms and Conditions (hereinafter the “Terms”) apply for the customer’s (hereinafter the “Customer” or “you”) use of the website dashdash.com and the services offered on dashdash.com, in particular the use of the spreadsheet software-as-a-service solution and all related contracts between the Customer and DashDash GmbH, Am Märchenbrunnen 5, 10407 Berlin, (hereinafter “dashdash” or “we”).
1.2 The services offered on dashdash.com can be accessed and used by consumers as well as by entrepreneurs or businesses, subject to the regulations of these Terms. Pursuant to sec. 13 and 14 of the German Civil Code, a consumer is every natural person who enters into a transaction for purposes that predominantly are outside his trade, business or profession, while an entrepreneur is a natural or legal person or a partnership with legal personality who or which, when entering into a transaction, acts in exercise of his or its trade, business or profession.
1.3 These Terms apply exclusively. Deviating, supplementary or contradictory terms and conditions of the Customer will not be accepted. The aforementioned shall also apply if we do not expressly object to the inclusion of such terms and conditions.
2. Contractual Relationships, Account Creation, Registration Requirements
2.1 dashdash offers you free and paid services on dashdash.com. Some features of our services may only be accessed upon the conclusion of a subscription and payment of applicable fees. Customers who have created an account for our free services have the possibility to order and use our paid subscription-based services. With the conclusion of a contract for paid subscription-based services, the registered Customer enters into an additional contractual relationship with dashdash in addition to the free membership in accordance with these Terms.
2.2 To use our services offered on dashdash.com, you have to create an account for both free and paid subscription-based memberships. You must be at least 18 years of age or older to use and register for our services.
2.3 To create an account, you have to provide your first and last name, a valid email address, and you have to select a password. The contractual relationships are personal and non-transferable. You shall provide true and complete information when creating an account.
2.4 Where dashdash also offers the Customers to use the dashdash forum (forum.dashdash.com), e.g. for discussions and communications with other dashdash Customers and/or with us, the usage of the dashdash forum is subject to the applicable Terms as stated on http://forum.dashdash.com/tos and requires a separate registration by the Customer.
3. Scope of Service, Non-exclusive License
3.1. Within the scope of the free membership, you can only use the agreed-upon free services. If you conclude a paid subscription-based contract with us, you can use the agreed-upon paid services.
3.2 dashdash offers you services in the form of a software-as-a-service solution that enables you to develop software applications. You can use our services by creating applications in which you will input data either manually or by importing data via your own applications or from third-party services.
3.4 During the term of the contract, you can access the software by means of a web interface (via the Internet) and use the functionalities as agreed upon with dashdash depending on whether you have opted for free membership or paid subscription-based membership. More information on our software and services, in particular which services can be accessed via a free membership and which services require a paid subscription-based membership, can be found on dashdash.com.
3.5 dashdash grants you the non-exclusive, non-transferable and limited right to use the software and services during the term of the respective contract with you. This right is subject to the scope of services and limitations as contractually agreed with you in relation with a free and/or paid subscription-based membership as governed by the regulations in these Terms. In particular, you shall not be entitled to make the services and software available to third parties for use, whether in return for payment or free of charge, or to reproduce, sell or transfer, rent or lend parts of it for a limited period of time. For the sake of clarification, the aforementioned does not restrict your use of sharing and publishing functionalities provided by dashdash pursuant to the regulations in sec. 5.3.
4. Subscription-Based Services, Conclusion of Contract, Prices/Payment
4.1 You can select paid subscription-based services and/or pay-as-you-go services (defined as services where you pay based on your usage of such services) by clicking on the respective service on our website. Prior to the conclusion of a contractual relationship concerning subscription-based services, you will be informed about the content of the respective service, the prices and the terms of payment in accordance with the applicable statutory provisions.
4.2 dashdash will immediately confirm the receipt of your order by electronic means (by email) in accordance with the applicable statutory provisions. However, this does not constitute an acceptance of your offer. The contract shall only become valid upon acceptance of dashdash by means of an express declaration of acceptance or by providing the ordered service or access hereto within two days.
4.3 You can correct input errors until you click on the confirmation button that closes the ordering process. The text of the contract will be made available to you in accordance with the applicable statutory provisions, however, we will not store the text of the contract for you after conclusion of the contract. The contract language is English.
4.4 The agreed fees are exclusive of statutory VAT.
4.5 For the payment you can only use the payment methods available during the order process.
4.6 After adding your payment method, you are required to define a monthly limit amount (you can chose from a variety of pre-set limits displayed during the billing process) in your account settings. If the monthly limit that you have set is reached before the end of the then current month based on your usage of the services, your account will be locked automatically. If you want to use the services despite reaching the monthly limit you set, you need to change your monthly limit to a higher value to unlock your account and further use the services.
4.7 During the first month of your usage of the services and if you have reached an amount of USD 100 before the end of the month based on your usage, your payment method will be charged to this amount on the day you have reached an amount of USD 100; any amounts exceeding USD 100 in your first month, will then be charged on the 1st of the respective following month. After the first month and for the remainder of the contractual term pursuant to sec. 6, your payment method will be charged on the 1st of the respective following month based on your usage of the services in the respective preceding month.
4.8 If you delete a payment method from your account during the contractual term pursuant to sec. 6, dashdash will notify you and the amount spent based on your usage in this month will be charged immediately.
4.9 dashdash will send you an invoice every time your payment method is charged by dashdash.
5. Customer obligations, Prohibited Uses, Responsibilities, Grant of rights
5.1 You shall prevent unauthorized access to or use of the services by third parties and shall in particular keep passwords and all other login information confidential. You shall promptly notify dashdash if you become aware of or are suspecting any unauthorized access.
5.2 You agree not to use the services including in particular integrated third-party services and the software for any unlawful or illegal activity. Furthermore, you shall not violate, misappropriate, or infringe any dashdash or third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary rights.
5.3 The responsibility for all information, data, texts and other materials processed by the Customer using our services, including integrated or other third-party services and the software (the “Customer Data”), e.g. submitted, manually inputted or imported from other integrated and other third-party services e.g. by generic web requests or through integrated APIs of third-party services or the user’s own applications, lies exclusively and unrestrictedly with you. This shall in particular apply to any and all information, data, texts and other materials originating from third parties and/or integrated and other third-party services. dashdash does not monitor the Customer Data stored or processed by you while using our services and does not claim any ownership hereto.
5.4 You shall only upload and process Customer Data to which you own all required rights or where you have obtained a valid license to process or use such Customer Data within the applicable legal framework.
5.5 If you choose to integrate data from third-party services/applications and/or use third-party APIs for integration in our services and software, you shall comply with all applicable terms and conditions of such third-party services/applications. You shall solely be responsible for the integration of data from such third-party services/applications.
5.6 Where the dashdash services allow you to share e.g. spreadsheets with others, e.g. with colleagues or business partners, for whatever purpose, you shall be responsible for such third-parties use and access to the spreadsheets.
5.7 Where the dashdash services’ functionalities allow the sending of short messages and emails directly via our services and/or integrated and other third-party services and/or where our services allow you to request contact information and details from businesses and natural persons e.g. from integrated third-party services and databases, you shall comply with all applicable laws and regulations and shall in particular not use the services to send unsolicited communications, promotions/advertisements or spam and/or use the services to send short messages and emails to persons or contact persons who have not given their specific permission to receive such short messages and emails pursuant to the applicable laws and regulations, in particular any applicable privacy and data protection legislation. Furthermore, your short messages and emails shall not contain information which is unsolicited, offensive, threatening or abusive or which otherwise is of criminal or unethical nature according to applicable law(s).
5.8 You agree not to use the services and/or integrated and other third-party services to harass, abuse, stalk, threaten or defame any person or entity.
5.9 You shall not 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 but not limited to integrated third-party services, except to the extent such restrictions are prohibited by applicable copyright laws.
5.10 dashdash reserves the right to limit or restrict your access and use of the services, integrated third-party services and/or to delete your account if you are in breach of or violate any of the regulations of these Terms, in particular the regulations pursuant to sec. 3.3 and/or sec. 5.1 – 5.9. However, in such cases dashdash shall notify you of the respective breach and violation before such limitation or restriction or deletion and allow you to correct such breach and violation within ten days. The aforementioned shall not apply if you have repeatedly breached or violated these Terms and/or if a correction by you is not tolerable for dashdash.
5.12 You hereby grant dashdash a royalty-free, worldwide, transferable and perpetual license to use or incorporate into our website and/or our service/software any suggestions, enhancement requests, recommendations or other feedback provided by you to dashdash that is related to our website and/or our service/software through any means.
6. Term, Termination
6.1 Each contract for a fee-based subscription is automatically extended at the end of the contract by the contract period agreed in each case (up to a maximum of one year per extension/renewal), unless the contract is cancelled by you or dashdash at the latest 1 (one) day before the expiry of the relevant contract period.
6.2 You can cancel a fee-based subscription either in writing (e.g. letter, email) or electronically through the respective setting in your dashdash account.
6.3 Upon termination of the fee-based membership your status reverts to free membership with the restricted scope of use and services associated with the free membership.
6.4 Contracts with the Customer for free memberships run for an indefinite period of time and may be terminated anytime (e.g. by email or electronically through the respective setting in your dashdash account).
6.5 The legal right of both parties to termination of both free membership and fee-based subscription for material breach remains unaffected.
7. Availability, Data Back-Ups
7.1 dashdash intends to make and keep the services and the software available to Customers 24/7. However, we cannot guarantee availability at any time. In particular, access to our services and software may be temporarily restricted or disabled to the extent that the security of the network operation or the maintenance of the network integrity is endangered or in case of maintenance works, e.g. updates, patches and modifications, whereby the necessary restart of the server can lead to brief interruptions in server operation. Furthermore, access to our services and software may be temporarily restricted or disabled if our server is not available due to technical or other problems beyond dashdash’s control (e. g. in the case of force majeure or third-party negligence).
7.2 Please note that through your use of third-party services and third-party APIs in connection with our software and services, our software and services interoperate with a range of third-party service features. dashdash does not make any warranty or representation on the availability of those features and/or APIs. Please note that such third-party web services, features and third-party APIs and their usage are subject to the terms and conditions of the respective third party.
7.3 You are obliged to secure the Customer Data and to make back-ups thereof regularly in your own responsibility.
8.1 dashdash accepts full liability for damage and losses caused by intent or gross negligence.
8.2 dashdash accepts liability for ordinary negligence only for injury to life, limb or health or breach of material contract duties whose fulfilment is essential to the due and proper performance of the contract or whose breach compromises the achievement of the contractual purpose and whose fulfilment the Customer could reasonably rely upon (“material obligation”). The liability of dashdash for any breach by negligence of a material obligation shall be limited to damage and losses that are characteristic for the type of contract and were foreseeable.
8.3 This limitation of liability shall not extend to any fraudulent concealment of defects or guarantee as to quality given by dashdash, or claims of the Customer under liability legislation (such as the Product Liability Act).
8.4 The liability of legal representatives, employees and vicarious agents engaged for the discharge of duties of dashdash shall not exceed the liability of dashdash.
9.2 In case you use our software to process personal data of third parties, defined as any information concerning the personal or material circumstances of an identified or identifiable individual and where such processing is not related to a purely personal or household activity of the Customer, you are responsible for compliance with any applicable data protection regulations for such processing. dashdash will process the data transmitted by you only in accordance with your instructions. Details of such data processing on your behalf are subject to a separate data processing agreement to be concluded in accordance with the relevant statutory provisions between you and dashdash. In case you are intending to process personal data of third parties as aforementioned, you may request the data processing agreement from dashdash (e.g. by email to email@example.com).
10. Final Provisions
10.1 These Terms shall be governed by German law to the exclusion of the rules on the Convention on the International Sale of Goods (CISG) and the rules for conflicts of laws.
10.2 If the Customer is a merchant, a corporate body under public law, constitutes special assets governed by public law, the exclusive competent court of jurisdiction for all disputes arising out of or in connection with these Terms shall be respective court having jurisdiction over the registered seat of dashdash.