Last update: 16th of November 2024
Please read the following terms & conditions before using DBC1.
You will be agreeing to, and will be bound by them through the continued use of DBC1.
TABLE OF CONTENT
9. DBC1 PARTNERS AND RESOLD SERVICES
DBC1 is a service that manages Google Workspace Gmail Signatures. DBC1 was created to create and update signatures for every user in the organization. Customize the look and feel of signatures to reflect brand and / or manage legal disclaimers with ease. In these terms & conditions (“Terms”) “we,” “us,” “our” or “DBC1” will refer to DBC1, and “you,” “your” and “Customer” will refer to you or the business entity or organization if you act on behalf of such entity or organization. You and any persons that you authorize to use DBC1 Customer’s account may be referred to in these Terms as the “User.”
These Terms along with Privacy Policy and Data Processing Agreement incorporated herein, govern access and use of DBC1 and constitute the agreement (the “Agreement”) concluded by and between MOK YOK GROUP sp. z o.o. established in Poland, Św. Mikołaja 8-11 St., 50-125 Wrocław, entered in the Register of Entrepreneurs managed by the District Court for Wrocław - Fabryczna in Wrocław, VI Commercial Division of the National Court Register under Registry no. 0000503224, with share capital of 5.200,00 PLN, Tax Identification Number (NIP): 8971797577, State Register of Entities of National Economy (REGON) no. 022383863, and You.
Accepting this Agreement is a condition of provisioning our services to you. By completing the registration process, accessing or using the services You:
Please be informed that DBC1 are being made available to the Customer by one of DBC1 partners. All applicable commercial terms, including prices, are or shall be agreed directly between the Customer and the DBC1 partner with which the Customer has contracted and the Customer will make no payment directly to DBC1.
This Agreement is effective between you and us on the earliest of the following: the day of your registration, access to or use of DBC1 (as further defined below), by executing an applicable order form (the “Effective Date”).
Please read these Terms carefully before accessing or using DBC1 as they contain the legal terms and conditions of using DBC1 and create a legal commitment between you and the DBC1.
As our business evolves, we may modify these Terms or the Privacy Policy. If we make a material change to the Terms or the Privacy Policy, we will provide you with reasonable notice prior to the change taking effect by emailing to the address associated with Your User’s account. Any revisions to these Terms will become effective on the date set force in our notice, and all other changes will become effective on the date we publish the updated Terms. You can review the most current version of the Terms on our website. You agree that your use of DBC1 after the date when the updated Terms come into effect establishes an agreement based on the amended Terms. If you do not agree to any modified Terms, you may no longer use DBC1.
In order to use DBC1 in a business entity, you represent having the authority to act on behalf of your organization and to bind your organization to these Terms.
By using DBC1, you represent that you are in compliance with all applicable laws while using DBC1.
Please be aware that you are fully responsible and liable for all of your representatives using DBC1.
You may use DBC1 only in accordance with these Terms and only for lawful purposes. You are responsible for any violations of applicable laws and the provisions of these Terms when using DBC1 or when it is used by your users.
It is prohibited to provide in any way illegal content.
You shall not use DBC1 for any purpose that is unlawful, abusive, deceptive, fraudulent, harassing, libelous, defamatory, threatening, or hateful, or in any other way that would violate any applicable law.
It is also strictly prohibited to send spam or marketing content in violation of applicable law or without the legally required advance consent from those recipients.
You are aware that utilizing DBC1 in excess of what, in DBC1’s reasonable discretion, would be expected of normal business use is prohibited.
If at any time you breach these Terms, DBC1 may elect to suspend, terminate, and/or cancel your DBC1 account without any compensation.
Upon the start of using DBC1, you will be asked to provide a password to access your account.
You acknowledge that logins used in DBC1 are individual logins. For security reasons, we advise that all of your users have individual logins and passwords that should not be transferred or disclosed to other users or to any third persons.
You are responsible for maintaining adequate security and control of logins, passwords, or any other codes that you use to access the DBC1. You are responsible for keeping your mailing address and other registration data up to date in your profile. You are solely responsible for all use (whether or not authorized) of DBC1 under your account, including for the quality and integrity of your customer data processed via DBC1.
You agree that DBC1 will not be liable for any loss, cost, damages, or expenses resulting from any faults in maintaining the organization’s signatures in DBC1 or maintaining the security of your password (either with or without the Customer’s knowledge).
Confidential information means information that one party discloses to the other under this Agreement, and that is marked as confidential or would normally under the circumstances be considered confidential information. Your data submitted, stored, sent or received via the services is considered confidential
Confidential information that comes into the possession of the parties in connection with these Terms shall be kept confidential and shall not be disclosed to any third party without the consent of the other Party.
The confidential information recipient may disclose it only to its affiliates, employees, agents, or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential.
The above obligation shall not apply to any confidential information or part thereof which, as evidenced in writing:
You represent that you reviewed our Privacy Policy and understand that it sets forth how DBC1 collects, processes, and uses personal data entered into DBC1. You are the owner of such data, and you are responsible for collecting personal data in compliance with all applicable law provisions.
Data Processing Agreement constitutes an appendix to Privacy Policy.
Remember that email signatures are routed through your Google Workspace Gmail accounts. If you have any questions in regard to technical requirements or DBC1 features please contact our support at support@DBC1.com
In order to use DBC1 you need a Google Workspace working domain. The cost of the Google Workspace account or accounts should be covered by separate subscription plans provided by Google Workspace provider or its resellers.
You agree and accept that the quality of DBC1 services may vary due to the quality of your internet connection. DBC1 is not responsible for the low quality or unavailability of services caused by the inefficiency of your internet connection, your software or equipment (including Google Workspace) faults, or any faults or breakdowns of your internet provider.
DBC1, during the Term, may provide technical support services, subject to additional fee paid by you. To use our support services please contact us at: support@DBC1.com
If you are using DBC1 through one of our Partners, the Partner’s methods and conditions of payment (as agreed by you and the partner) shall apply.
Partner fees will apply and be payable directly to the partner and all prices for services will be solely determined between the Partner and You.
In terms of DBC1 resold by partners Effective date means:
Terms provisions regarding the above mentioned aspects will not apply toward services resold by partners.
You should also notice, that if you decide to start using DBC1 tool on the basis of agreement with one of our resellers, that reseller and DBC1 will process data related to Google Workspace accounts administered by you - processing that data is necessary for the proper operation of the DBC1 tool. More information can be found in the Privacy Policy.
The term of this Agreement (the "Term") will begin on the Effective Date and continue until the Agreement is terminated or not renewed as stated below.
You may use DBC1 with a flexible plan which means that you order services for monthly periods. At the end of each month, the Term will automatically renew for another month, unless canceled by you with 30 days' notice, effective at the end of the month. If you would like to quit using DBC1, please contact us at support@DBC1.com
To the extent permitted by applicable law, either party may terminate this agreement immediately on written notice if (a) the other party is in material breach of the Agreement and fails to cure that breach within 15 days after receipt of written notice of the breach, or (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days.
DBC1 may terminate this Agreement and/or any applicable order form immediately on written notice if DBC1 reasonably believes that continued provision of any service used by you would violate applicable law(s) or you have violated or caused DBC1 to violate any anti-bribery laws or export control laws.
If these Agreement is terminated or not renewed, then
Termination of non-renewal will not oblige DBC1 to pay you any refund of any fees.
The fee:
You have a right to exclude any number of users from the central signature management before the first signature installation.
Any partial day of services usage will be rounded up to a full day of services usage for the purposes of calculating fees.
Using DBC1 is subject to the currently effective price list available at the “https://DBC1.com/pricing” section. In some cases the price may be determined by individual email arrangements between parties with reservation that DBC1 can negotiate prices with customers but is not obliged to do so.
All sums paid by you under these Terms shall be paid by credit card. You authorize DBC1 to charge each payment to the credit or payment card you use to make your payments. You agree to maintain in your account at least one valid credit or payment card that expires no earlier than 20 days after your last payment due date. If we are not able to charge any payment to a card on file in your account or if you fail to pay on time, our remedies will include the right to block your ability to use DBC1, terminate the agreement, cancel your DBC1 account and other means consistent with the applicable law, without any compensation.
In case of any late payments you may bear interest at the rate of statutory interest for late payment in commercial transactions (according to the Governing law), from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by DBC1 in collecting such delinquent amounts.
All payments will be received in USD, EUR or PLN. All invoices and payment reminders shall be sent by DBC1 exclusively in electronic form to your email.
DBC1 may change the pricing with prior notice, including, without limitation, in the event of the expansion or changes of the scope of services. DBC1 shall give you a 14-day period notice of all changes in the price list via email. Our pricing policy may include a free trial period. Remember that these Terms also apply to charge-free periods.
Unless expressly agreed otherwise, all fees are exclusive of all duties or taxes.
Customer is responsible for any taxes, and will pay DBC1 fee without any reduction for taxes. If DBC1 is obligated to collect or pay any taxes, the taxes will be invoiced to you and you will pay such taxes to DBC1, unless you provide us with a timely and valid tax exemption certificate in respect of those taxes.
You are obliged to:
After you accept these Terms, DBC1 hereby grants you the personal, non-transferable right to use DBC1, solely for your business purposes.
DBC1 and/or its licensors retains all rights, titles, and interests relating to or embodied in the service, including without limitation all intellectual property rights, technology, know-how, documentation, trade secrets, derivative works and copies relating thereto. Unless otherwise indicated, all of the content featured or displayed in DBC1 including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof is owned by DBC1, its licensors, or its third-party partners. Copyright and other laws relating to the protection of intellectual property protect all elements of DBC1 software.
All trademarks, brand names, product names, domain names, service marks and logos used in DBC1 are the property of DBC1 or third parties, and you may not use such trademarks or logos without the prior written consent of DBC1 or the applicable third party. We or third parties (if applicable) retain all right, title and interest in, and to, above mentioned items, including all intellectual property rights. You are prohibited from using any of the marks for any purpose not explicitly granted under these Terms, without our prior express written consent.
Except as expressly stated in these Terms, these Terms do not grant either party any rights, implied or otherwise, to the other's content or any of the other's intellectual property.
You acknowledge that you are solely responsible for your content used/put in within services and that you use it at your sole risk.
Please, be aware that we process your content only to the extent necessary to provide DBC1.
You warrant and represent that content used by you or your users within services does not:
Our website may include links that will take you to other websites. Links are provided as a convenience, and neither DBC1 is, and under no circumstances shall be, responsible for the any content, product or service of any linked websites.
DBC1 operates as a software as a service (SaaS) designed to manage Google Workspace Gmail Signatures. DBC1 is provided on an “as is”, “as available” and “with all faults” basis and hereby DBC1 excludes, to the fullest extent permitted by applicable law, any warranty, express or implied, in particular, we do not guarantee any increase of performance of your business.
The functions of DBC1 are not warranted to be uninterrupted or without error. You shall not be reliant on the DBC1 for any critical communication in the email signature.
DBC1 does not guarantee compatibility of DBC1 with other producers’ software. The user shall bear responsibility for the choice and consequences following the use of other software, including its applicability to the user’s objectives.
DBC1 will not be liable for any damages of any kind arising from the use of DBC1 and makes no representations or warranties of any kind concerning the work, express, implied, statutory, or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not discoverable.
To the extent permitted by applicable law and subject to Section 10.3, DBC1 will have any liability arising out of or relating to these Terms for any (a) indirect, consequential, special, incidental, or punitive damages or (b) lost revenues, profits, savings, or goodwill.
DBC1 total aggregate liability for damages arising out of or relating to these Terms is limited to DBC1 earnings from you for a 12 month period (paid directly to DBC1 or paid to signatures partners) before the event giving rise to liability.
Nothing in these Terms excludes or limits either party's liability for:
You hereby agree to indemnify and hold DBC1 and its subsidiaries, employees, affiliates, officers, agents, partners, and licensors harmless from and against any and all third-party demands, claims, liability, loss, and expenses including damage awards, settlement amounts, and reasonable legal fees brought against DBC1 or any of the above-mentioned person(s), arising out of, related to or which may arise from your access to or use of DBC1, your breach or alleged breach of these Terms, license or your violation of any third-party rights including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or any misrepresentation made by you.
The provisions set forth in the following sections, all of Yours payment obligations hereunder, and any other right or obligation of the parties in this Agreement that, by their nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement: provisions regarding payment terms, intellectual property rights, confidential information, effects of termination, disclaimer, limitation of liability, indemnification, miscellaneous.
Each party is an independent contractor. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
Notwithstanding each party’s confidentiality obligations hereunder, DBC1 may include Yours name and logo in lists of customers on its website and in any sales or marketing materials or advertising.
In matters other than those arising from the contract concluded by You with an DBC1 partner, you can contact us at: contact@DBC1.com.
Written notices also means email notification sent by DBC1 or notification from DBC1 made available to you in the service.
The headings in these Terms are for reference only and do not affect the interpretation of these Terms.
These Terms sets out all terms agreed between the parties and terminates and supersedes any and all other agreements between the parties relating to its subject matter, including any prior versions of these Terms. In entering into this agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation, or warranty (whether made negligently or innocently), except those expressly stated in this agreement.
You shall not assign or otherwise transfer any of its rights or obligations under these Terms without DBC1’s prior written consent. Any purported assignment or transfer in violation of this section is void. This agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and permitted assigns.
All of our rights and obligations under the Terms are freely assignable by DBC1 to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third parties.
DBC1 may subcontract obligations under these Terms but will remain liable to you for any subcontracted obligations.
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
If any part of these Terms is invalid, illegal, or unenforceable, the rest of it will remain in effect.
These Terms do not confer any benefits on any third party unless it expressly states that it does.
All disputes arising in connection with these Terms shall be primarily resolved amicably. You agree that all disputes you have with DBC1 in connection with Terms that cannot be amicably resolved shall be governed by the law of DBC1’s registered office and submitted for resolution by the Court of Law at the location of DBC1’s registered office.
We may make commercially reasonable changes to the services from time to time.
We may also change this Agreement from time to time and will post any such changes at: DBC1.com/terms-of-service[__]. These changes will be applicable if you use the services after such a change and this usage of services will constitute acceptance of changes.
DBC1 may make changes to Agreement and the content of any links and URLs at any time.
For clarity, DBC1’s provision of an updated URL in place of any URL will not constitute an amendment to or modification of the terms of these Agreement.
Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.
Except as expressly set forth herein with respect to sole remedies, nothing in these Terms limits either party’s ability to seek equitable relief.