Dapt Terms and Conditions

Please read these Terms carefully. By using Dapt or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. 


Dapt (“Dapt” or the “Service”) is a service for recording and tracking time and activities. The Dapt service is offered through the URL www.dapt.tech which is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). 

These Terms of Use (“Terms,”) define the terms and conditions under which you’re allowed to use Dapt and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.
Eligibility
In order to use Dapt, you must:
• be at least eighteen (18) years old and able to enter into contracts;
• complete the registration process;
• agree to the Terms; and
• provide true, complete, and up to date contact information.


By using Dapt, you represent and warrant that you meet all the requirements listed above, and that you won’t use Dapt in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Dapt may refuse service, close accounts of any users, and change eligibility requirements at any time.


Term
The Term begins when you sign up for Dapt and continues as long as you use the Dapt. You are signed up for Dapt when you complete and sign this document and return to www.dapt.tech. If you sign up for Dapt on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
Refunds

We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
Closing Your Account
You or Dapt may terminate this Agreement at any time and for any reason by giving Notice to the other party. You, the Client, may withdraw from this engagement at any time, without cause, should you desire to do so. We do request that you notify us in writing of your decision to withdraw. Dapt also reserves the right to withdraw from this engagement at any time should we feel that the mutual objectives of this engagement cannot be reached, or if we feel that we cannot properly serve your request for support. Should either party withdraw from this engagement, all fees and expenses incurred to date, not to exceed the total amount of the contract, will be billed and due payable.


Changes
We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Dapt. We may change the Website, the Service, or any features of the Service at any time.


Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.


Our Responsibilities
Providing the Services
Dapt agrees to do the following:
Make the Dapt available to the Customer and its Authorized Users as described in the Contract
Not use or process Customer Data for any purpose without Customer’s prior written instructions; provided, however, that “prior written instructions” will be deemed to include use of the Services by Authorized Users and any processing related to such use or otherwise necessary for the performance of the Contract.

Keeping the Services Available
Dapt is offered as a Software as a Service and we will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavor to provide Customer with advance notice (e.g., through the Services), if we think it may exceed five (5) continuous minutes.


Dapt also agrees to refund 30% of the monthly fee should an outage of the service exceed 2 hours in duration and 100% of the monthly fee should the outage exceed 12 hours in duration. The credits thus defined will serve as what the lawyers call liquidated damages and will be Customer’s sole remedy for the downtime and related inconvenience. 


Protecting Customer Data
The protection of Customer Data is a top priority for us so we will maintain administrative, physical, and technical safeguards to safeguard your data. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion and disclosure of Customer Data by our personnel. Customer (not us) bears sole responsibility for adequate security, protection and backup of Customer Data when in Customer’s or its representatives’ or agents’ possession or control or when Customer chooses to use unencrypted gateways to connect to the Services. We are not responsible for what Customer’s Authorized Users or Non-Dapt Products do with Customer Data. That is Customer’s responsibility.


Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.



Payment
Monthly Plans
Our charges for monthly plans shall be agreed upon with You and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you add users to your account and that leads to a change in pricing level, then you will have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.


Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. We will make every effort to notify you in advance of billing changes. 


Privacy Your use of www.dapt.tech is subject to Dapt's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. 



Links to Third Party Sites/Third Party Services www.dapt.tech may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Dapt and Dapt is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dapt is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dapt of the site or any association with its operators. 
 
Certain services made available via www.dapt.tech are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.dapt.tech domain, you hereby acknowledge and consent that Dapt may share such information and data with any third party with whom Dapt has a contractual relationship to provide the requested product, service or functionality on behalf of www.dapt.tech users and customers. 


Dapt may receive affiliate compensation for a user signing up through a Linked Site on www.dapt.tech.  Dapt does not take any responsibility for the products or services rendered by a Linked Site and the user should do their own due diligence before signing up for any products or services offered by a Linked Site. 


Termination/Access Restriction Dapt reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 
 
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dapt as a result of this agreement or use of the Site. Dapt’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dapt's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Dapt with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 
 
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dapt with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dapt with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 


No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use www.dapt.tech strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Dapt that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 
 
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Dapt or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 
 
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Dapt content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Dapt and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Dapt or our licensors except as expressly authorized by these Terms. 


International Users The Service is controlled, operated and administered by Dapt from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dapt Content accessed through www.dapt.tech in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 



Liability
Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of Dapt and related Services, including any downloads from the Dapt. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
No Warranties
To the maximum extent permitted by law, we provide the Dapt and related services as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Dapt for a variety of reasons, we can’t guarantee that it will meet your specific needs.
Indemnity
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms. Dapt reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dapt in asserting any available defenses. 
Dispute Resolution
Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 


Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Dapt agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 
Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Dapt, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 
 
Dapt, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Dapt, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Dapt, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Dapt, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 
Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
Additional Terms
Disclaimers
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
Severability
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we provide you with a copy of the new Terms. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Notification of Security Breach
In the event of a security breach that may affect you or anyone that you provide content to through the use of Dapt, we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.
Notices
Visiting www.dapt.tech or sending emails to Dapt constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.


Any notice required or permitted to be given under this Agreement shall be sufficient if delivered by email to ask@dapt.tech or in writing. Notifications by writing must be delivered by first-class mail, at the following address: 

Dapt
2919 Middlebridge Ct Crofton, MD 21114

or Email at:

reports@dapt.tech