Terms and Conditions

1. General

General – Dyntell Inc. and its affiliates welcome you to the Dyntell Bi website (hereinafter “Dyntell Bi Site”) which is hosted by or for Dyntell. The Dyntell Site includes areas users may transmit or post communications, participate in training, discussion forums, document and information sharing, beta program and other issues of interest to users of Dyntell products and services, as well as user groups that facilitates the development and distribution of applications, tools, utilities and other solutions for Dyntell’s proprietary software products known as Dyntell Bi.

 

2. User’s Acceptance of Terms of Use

These Terms of Use shall govern your access, visits and use of the Dyntell Site. There may be certain areas of the Dyntell Site or Community Groups where access and/or use is subject to eligibility requirements and/or include specific or supplemental terms of use, in addition to those set forth here (“Supplemental Terms of Use”). If there is a conflict between these Terms of Use and any Supplemental Terms of Use, then the Supplemental Terms of Use shall govern your use and access of that particular area of the Dyntell Site. All Supplemental Terms are hereby incorporated into these Terms of Use by this reference. By accessing the Dyntell Site or by registering for a Dyntell Account, you are subject to the Terms of Use. If you do not agree to all of the Terms of Use, you should not access, visit or participate in the Dyntell Site. If you breach any of the Terms of Use or any Supplemental Terms of Use, your authorization to use the Dyntell Site (including any Community Group) automatically terminates and you agree to immediately destroy any material you obtained from the Dyntell Site or derived from material you obtained from the Dyntell Site. Dyntell reserves the right to modify, suspend or terminate the Dyntell Site or any area within the Dyntell Site or these Terms of Use from time to time at its sole discretion and without notice. Dyntell will post any modified Terms of Use on the Dyntell Site. Dyntell may also impose limits on certain features and services or restrict your access to parts of the Dyntell Site without notice or liability. You should periodically check the Terms of Use for such changes. Dyntell may, but is not obligated to notify you of such changes. Your continued use of any part of the Dyntell Site after Dyntell posts such changes to the Terms of Use (regardless of whether Dyntell has specifically notified you of such changes) shall indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use. Dyntell will not be liable to you or any third-party for any claims or actions arising or resulting from your use, visit, or participation in the Dyntell Site and for any modification, suspension, or termination of the Dyntell Site, or termination of your access to your Dyntell Account.

 

3. Registration and Eligibility

You must be at least eighteen (18) years old to have a Dyntell Account which allows you to access certain areas of the Dyntell Site. If you wish to have a Dyntell Account, you must provide current, accurate, and complete information about yourself during the account registration process. By obtaining a Dyntell Account, you expressly agree to be bound by the Terms of Use as entered into by and between Dyntell and you. You are responsible for maintaining the confidentiality of your Dyntell Account password and account, and assume all liabilities and responsibilities for any and all activities that occur under your account. You must maintain and promptly update any account information provided to Dyntell in order to keep such information up to date, accurate and complete. Dyntell reserves the right to refuse access to certain areas of the Dyntell Site or any Community Group to anyone, at any time, without notice, and for any reason. If you have a Dyntell Account, you agree that Dyntell, or third parties acting on Dyntell’s behalf, may send you important information and notices regarding the Dyntell Site by email, text messaging or other means based on the information you have provided to Dyntell. These Terms of Use are void where prohibited by law and the right to access the Dyntell Site is revoked in such jurisdictions. You agree that if you become resident in such a jurisdiction, you will immediately cease all use and access of the Dyntell Site. Dyntell does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register a Dyntell Account or use the Dyntell Site. If you are under 13, please do not attempt to register for a Dyntell Account or send any information about yourself to Dyntell, including your name, address, telephone number, or email address, and you are not authorized to use the Dyntell Site. In the event Dyntell learns that it has collected personal information from a child under age 13 without verification of parental consent, Dyntell will delete that information as quickly as possible.

 

4. Conduct

You must abide by the following rules of conduct:

1. Do not engage in any unlawful conduct in the Dyntell Site. In particular, do not post, publish, or distribute any defamatory, obscene, infringing or other unlawful material or information in the Dyntell Site.
   b. Treat others in the Dyntell Site as you would expect them to treat you. Do not engage in personal attacks or any type of “flaming” of other users. Do not “troll”, i.e. post topics or opinions that are designed to provoke a negative response from one or more specific users.
   c. Do not use offensive language. If you have any doubts about whether a particular statement might be considered offensive by other users, do not post it.
   d. Do not engage in disruptive activity in the Dyntell Site, such as persistent off-topic contributions or comments, or statements that might incite other users to violate these guidelines or participate in illegal activities.
   e. Do not contribute content that contains photos, software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have rights to these materials.
   f. Do not post any instructions, software or other materials that would allow participants or third parties to harm other users’ computers or to inappropriately access software or websites.
   g. Do not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
   h. Do not falsely impersonate any other person in the forum, including Dyntell employees or agents.
   i. Do not use the Dyntell Site to spam other users, including sending identical and irrelevant submissions to many different discussion groups, mailing lists or communities.
   j. Do not misrepresent the source of anything you contribute.
   k. While you may use certain aspects of the Dyntell Site as designated by Dyntell, to provide supplemental information about your own business that might be of interest to other users (without spamming them), you shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, or advertisement. You agree not to solicit other users of the Dyntell Site to use or join or become members of any other commercial online or offline service or other organization.
   l. You are responsible and liable for all your activities while participating in the Dyntell Site, including anything you contribute.
   m. Do not rely on the Dyntell Site, including Customer Communities for the safe and secure storage of any materials. The Dyntell Site is not designed as the primary place to store any of these materials, and Dyntell is not responsible for the alteration, deletion or loss of any stored items. Create back-ups for any materials that you contribute to the Dyntell Site.
   n. Dyntell reserves the right to remove at any time, without notice, any contribution that violates these guidelines. Dyntell also reserves the right at any time, without notice, to ban or suspend access rights of any user who has violated these Terms of Use. For clarity, however, Dyntell has no obligation to monitor Contributions (as defined below).
   o. Some participants may post Internet website links to other websites in the Dyntell Site. Dyntell is not responsible for the content on through the websites associated with these links. In addition, Dyntell must remind you that some content and links on the Internet contain adult content that is not suitable for children and may be offensive to some users.
   p. You are responsible for any actions you may take based on information or advice you receive through the Dyntell Site. Use your own good judgment when evaluating information provided through the Dyntell Site or any other communication service. The decision to share information or conduct transactions with anyone is your own; therefore conduct your own research prior to making any decisions.
   q. Information exchanged in the Dyntell Site is not confidential. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Dyntell Site.

 

5. Contributions

There are opportunities for you as a Dyntell Account holder to actively participate by creating, providing, sharing and uploading information to the Dyntell Site such as comments, ideas or suggestions for new or improved software products, technologies, marketing/advertising campaigns or product names, data, articles, documents, discussion forum threads, blog entries, computer code, such as software sample code, source code, scripts, patches, bug fixes, binaries or executables, or other data, material or information (individually and collectively “Contributions”). All Contributions are subject to the Terms of Use. Dyntell assumes no responsibility or liability over the sharing of Contributions among users.

 

6. Contributions Ownership, Rights and Liability

Dyntell does not claim ownership of any Contributions that you or other users post, upload, submit or otherwise provide to the Dyntell Site. By providing Contributions to the Dyntell Site, you grant to Dyntell and each Dyntell Site user under all intellectual, industrial and proprietary rights a perpetual, worldwide, non-exclusive, sublicenseable, transferable, no-charge, royalty-free, irrevocable license to use, reproduce, modify, distribute, display, perform and otherwise fully exploit such Contributions for any and all purposes. In order to grant Dyntell and other users of the Dyntell Site the rights, permissions and licenses contained herein, you represent and warrant that you either own or have all the necessary intellectual property rights in the Contributions and that your Contributions do not violate any intellectual, industrial or other proprietary rights of others. Do not post, upload, submit or otherwise provide Contributions that are protected by any rights of others, unless you have the necessary rights or licenses to use and fully exploit such Contributions as contemplated in these Terms of Use. By uploading Contributions to the Dyntell Site, you warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware. You acknowledge and agree that all Contributions are provided on a non-confidential basis notwithstanding any designation or notation of confidentiality. Dyntell is under no obligation to and does not control the Contributions created, provided or uploaded to the Dyntell Site. The nature of some Contributions may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Dyntell reserves the right to take down and remove Contributions that are flagged by users or deemed by Dyntell as objectionable. However Dyntell is under no duty to monitor, take down or remove any Contributions.

 

7. Blogs

Blog authors and blog users (hereinafter “Bloggers”) who post blog entries, comments or other Contributions are expected to adhere to conduct as set forth in Section 4 above. Bloggers may create blogs generally discussing Dyntell products and services. Although Dyntell respects the freedom of Bloggers and the Contributions they post, blogs that predominantly discuss topics completely unrelated to Dyntell or that consume excessive resources or bandwidth may be taken down at the sole discretion of Dyntell. Generally it is suggested that Bloggers take responsibility not just for their own words, but for the comments allowed on their blogs; label their tolerance level for abusive comments; consider eliminating anonymous comments; ignore the trolls (i.e., those who intentionally post derogatory or otherwise inflammatory messages); take the conversation offline, and talk directly, or find an intermediary who can do so; if you know someone who is violating the conduct guidelines, tell them so; and don’t say anything online that you wouldn’t say in person. Bloggers understand that they bear the full responsibility of any Contributions they post and that such Contributions may lead to adverse consequences in their personal or professional lives, such as damaged friendships or loss of employment.

 

8. Third Party Web Sites, Content, Products and Services

The Dyntell Site may contain links to web sites and access to Contributions, content (including opinions, advice, statements and advertisements), products and services from third parties (collectively “Third Party Content”). These links are available through the Dyntell Site merely as a convenience, for informational purposes and the inclusion of such links does not constitute or imply any endorsement or recommendation. You agree that Dyntell is not responsible for the availability of, any such Third Party Content. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You understand that you bear all risks associated with the access to and use of such Third Party Content. If you choose to purchase any products or services from a third party (including, without limitation, any Dyntell Market Solutions), your relationship is directly with the third party. You agree that Dyntell is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Dyntell is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

 

9. Disclaimer

DYNTELL HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. THE DYNTELL SITE AND ALL DYNTELL SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DYNTELL AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DYNTELL AND ITS SUPPLIERS MAKES NO WARRANTY THAT THE DYNTELL SITE, CUSTOMER COMMUNITIES OR DYNTELL SITE CONTENT WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DYNTELL SITE, CUSTOMER COMMUNITIES OR ANY DYNTELL SITE CONTENT WILL BE ACCURATE, COMPLETE OR RELIABLE; OR THE QUALITY OF ANY DYNTELL SITE CONTENT PURCHASED OR OBTAINED BY YOU THROUGH THE DYNTELL SITE WILL MEET YOUR EXPECTATIONS. ANY DYNTELL SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DYNTELL SITE IS DONE AT YOUR OWN DISCRETION AND RISK. DYNTELL AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTRIBUTIONS AND OTHER SERVICES

 

10. Limitation of Liability

IN NO EVENT SHALL DYNTELL OR ANY OF ITS SUPPLIERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM (A)YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE DYNTELL SITE OR ANY DYNTELL SITE CONTENT OR CUSTOMER COMMUNITIES; (B) YOUR RELIANCE UPON ANY OF THE DYNTELL SITE CONTENT, (C) DYNTELL’S TERMINATION OR SUSPENSION OF YOUR ACCESS TO ALL OR ANY PART OF THE DYNTELL SITE, (D) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (E) FOR ANY MATTER BEYOND THE CONTROL OF DYNTELL. WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DYNTELL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DYNTELL’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE DYNTELL SITE OR YOUR USE OF CONTRIBUTIONS, AND OTHER ACCOUNT SERVICES, REGARDLESS OR THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OR WARRANTY OR OTHERWISE), WILL NOT EXCEED THE GREATER OF ONE DOLLAR ($1) AND THE AMOUNTS PAID BY YOU TO DYNTELL IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY DYNTELL PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRANTY AND THE EXTENT OF THE DYNTELL’S PARTY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

 

11. Indemnification

If Dyntell and its subsidiaries, affiliates, directors, officers, agents, and employees should incur any liability to a third party arising out of or in any way related to (a) your breach of these Terms of Use (or any Supplemental Terms of Use), (b) your use of the Dyntell Site, or (c) your Contributions or anything you upload or make accessible through the Dyntell Site, you agree to indemnify and hold Dyntell and its subsidiaries, affiliates, directors, officers, agents, and employees free and harmless from any such liability, and from all loss, claims, costs, demands, debts and causes of action in connection therewith, including reasonable attorney’s fees and expenses.

 

12. Privacy Policy

Dyntell does not require that you provide personal information, the decision to provide personal information is voluntary. However, in order to register for a Dyntell Account, you must provide personal information. By providing your personal information to Dyntell, you consent to the collection, processing and storage by Dyntell of your personal information in accordance with the terms of Dyntell’s Cookie & Privacy Policy. Dyntell may monitor user behavior of its products and use of Dyntell ID to (i) improve our products and services, (ii) market related products and services to users and (iii) monitor for suspicious behavior to mitigate security or compliance issues in the use of Dyntell products and services.

 

13. Export Restrictions/Legal Compliance

You may not access, download, use or export any Dyntell Site Content or use or access the Dyntell Site in violation of any country’s export laws or regulations or any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States and/or foreign agency or authority (as relevant), and not to directly or indirectly provide or otherwise make available the services and products of Dyntell in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the Dyntell Site outside the U.S or relevant jurisdiction. You shall not make the services or products of Dyntell nor the underlying information or technology available for download or otherwise provide, either directly or indirectly, (i) into any country subject to relevant trade sanctions (including but not limited to those of the U.S. and E.U.), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons, the U.S. Commerce Department’s Table of Denial Orders, or the Consolidated List of the EU. By agreeing to these Terms of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

14. Forward-looking and Cautionary Statements

Except for historical information and discussions, statements set forth throughout this web site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company’s filings with the U.S. Securities and Exchange Commission. See the “SEC filings” tab under “Investor relations” on this website for copies of such filings.

 

15. Applicable Law; Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of Sweden (excluding the U.N. Convention on Contracts for the International Sale of Goods) and any dispute, controversy or claim arising out of or in connection with these Terms of Use or the breach, termination or invalidity thereof, shall be settled by arbitration at the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”). Where the amount in dispute clearly does not exceed EUR 100,000, the SCC Institute’s Rules for Expedited Arbitration shall apply and the arbitral tribunal shall be composed of a sole arbitrator. Where the amount in dispute clearly exceeds the foregoing amount, the Rules of the SCC Institute shall apply and the arbitral tribunal shall be composed of three arbitrators. The place of arbitration shall be Lund, Sweden. The language to be used in the arbitral proceedings shall, unless otherwise agreed, be English.

 

16. Copyright Policy/Digital Millennium Copyright Act

You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Dyntell may terminate an account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another. Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest; a description of the copyrighted work or other work that you claim has been infringed; a description of where the material that you claim is infringing is located on our sites, networks or other repositories; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Designated Agent for notice of claims of copyright infringement can be reached as follows: Office of General Counsel Dyntell Technologies Inc. 150 N. Radnor Chester Road, Radnor, PA 19087 Attn: General Counsel. If the disputed materials were posted by a third party identifiable through reasonable efforts, Dyntell will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, Dyntell will provide you with a copy so that you may take any other steps you may consider appropriate.

 

These Terms of Use were last updated May 2018.