DFM Software Terms Of Service
Last Updated: August 2, 2023
PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY
These Terms of Service (“Terms”) apply to your access to and use of the websites, applications and other products and services, including email services, trainings, events, marketing services, review and message boards and various other message communication applications (collectively, our “Services”) provided by DFM Software, LLC. (“DFM Software”, “we”, or “us”). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree to these Terms do not access or use our Services. In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service. If you have any questions about these Terms or our Services, please contact us at [email protected]
1. Eligibility and Authority
You must be at least 18 years of age or older to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2. Accounts; Account Security; Electronic Communications
You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your account credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. By creating a Text My Wedding account, you consent to receive electronic communications from DFM Software (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
4. Prohibited Conduct
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. When you access or use our Services, you will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Impersonate any person or entity, including without limitation, any DFM Software official, employee, or falsely state or otherwise misrepresent your affiliation with such a person or entity; Use or attempt to use another user’s account without authorization from that user and DFM Software; Access the Services by any means other than through the standard industry-accepted or DFM Software-approved application program interfaces; Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner; Delete or revise any material, including Marketing Content, posted by another person or entity; Delete or modify any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; Register, subscribe, attempt to register or subscribe, unsubscribe or attempt to unsubscribe, any party for any DFM Software product or Service if you are not expressly authorized by such party to do so; Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access; Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; Bypass or ignore instructions contained in our robots.txt file that controls automated access to portions of our Services; Use our Services to send, distribute, or deliver unsolicited marketing material, promotional content, or any form of spam. This includes, but is not limited to, unsolicited advertisements, promotional messages, or any other form of solicitation that is not expressly approved by DFM Software.; Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms. If you think anyone using the Services is violating any of these Terms, please notify us immediately by emailing [email protected]
5. Terms of Sale
When you sign up for our Services, you agree to a recurring subscription contract with DFM Software on a monthly, quarterly, annual, or other temporal basis that you select when signing up for the Services. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) DFM Software (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY, QUARTERLY, ANNUAL, OR OTHER BASIS AS APPLICABLE FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS. For more information about pricing and subscription plans, please visit our Pricing page. You may cancel your subscription at any time by logging into your account and cancelling under settings or by contacting us at [email protected]
6. Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the DFM Software Content”) are owned by or licensed to DFM Software and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, DFM Software and our licensors reserve all rights in and to our Services and the DFM Software Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and DFM Software Content for (i) your own personal use or (ii) if you are a business or organization, to communicate about your business or organization with your Contacts. However, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or DFM Software Content; (b) copy, reproduce, distribute, publicly perform or publicly display DFM Software Content, except as expressly permitted by us or our licensors; (c) modify the DFM Software Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or DFM Software Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or DFM Software Content other than for their intended purposes. Any use of our Services or DFM Software Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
7. Third Party Content and Services
We may provide you with access to certain services, features or functionality offered by a third party in connection with the Services. Use of any such services, features or functionality will be subject to separate terms of service between you and such third party, and not these Terms. The third party provider, and not DFM Software, will be solely responsible for providing you with such services, features or functionality.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about DFM Software or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of DFM Software. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless DFM Software, our parent, subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the ”DFM Software Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims")arising out of or related to (a) your access to or use of our Services; (b) your Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or (e) your conduct in connection with our Services. You agree to promptly notify DFM Software Parties of any third party Claims, cooperate with DFM Software Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys" fees). You also agree that DFM Software Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and DFM Software or the other DFM Software Parties.
10. Limitation of Liability
DFM Software AND THE OTHER DFM Software PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF DFM Software OR THE OTHER DFM Software PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF DFM Software AND THE OTHER DFM Software PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF DFM Software OR THE OTHER DFM Software PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you release DFM Software and the other DFM Software Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
12. Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
13. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and DFM Software relating to your access to and use of our Services. Any additional or different terms proposed by you in any purchase order, request for proposal or other document are hereby objected to by DFM Software and shall be void. The failure of DFM Software to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. This Agreement may not be assigned or transferred by you except with our prior written consent. These Terms may not be assigned or transferred by you except with our prior written consent. These Terms may be executed and delivered electronically and in one or more counterparts, each of which shall, when taken together, constitute a single document.