NON-LEGALESE, SIMPLE ENGLISH SUMMARY
- TiBox is a product of DnD Studio LTD
- TiBox is a pay-as-you-go service. As a user, you make a payment to buy ticket credits which are equal to the number of tickets to be processed. The total price of ticket credits will depend on the number of tickets required. The total price (including local taxes) can be calculated via the Pricing page on the website
- Payment is made before you create tickets. Generally, in case the tickets don't get processed, ticket credits will not be deducted. In case tickets are not processed but credits are deducted, such credits will be refunded, if a ticket is raised at email@example.com The support team should resolve the issue within 24 hours on working days
- Once ticket credits are purchased, no refunds will be made, except in the case of failure to provide adequate service (such as technical failure) resulting in inability to use the products features.
- Tickets credits do not expire, unless the tool is not used for over 12 months
- Once an account is created and is regularly operated, the account and data will be retained. However, if the account is not operated for more than 12 months, the account and all data may be permanently deleted without notice. It is the responsibility of the user to download any data in a timely manner
- As per the latest privacy policies, you can request to permanently erase your account and all data at anytime. You can also request to download a copy of all data. You can make these requests at firstname.lastname@example.org
- If you use our paid services and register with your company email ID, we can use your company logo on our websites, social media, and other marketing media for promotional purposes. However, you can revoke this consent at anytime by sending us a request at email@example.com
- We may modify the terms at any point of time, but will let you know in advance
Please understand that by accepting these terms and conditions, Customer represents and warrants that the Customer is major and thus legally capable to enter into contract and in case Customer is acting on behalf of some business entity, Customer is duly authorized to enter into agreements on behalf of the entity Customer is representing. Customer also represents and warrants that the Customer is not a competitor of DnD Studio LTD (TiBox).
Now therefore by clicking "I agree", ordering and/or using TiBox, Customer agrees to be bound by all of the terms and conditions of this agreement (hereinafter referred to as the agreement).
This agreement is entered between DnD Studio LTD a company registered under ......, having its registered office at ...... and the payer or/and the recipient of services hereunder as identified as part of the registration process for DnD Studio Services herein after called as “Customer”.
Now whereas Customer and DnD Studio both hereby agree to the terms & conditions hereinafter mentioned:
1. Scope of service:
DnD Studio offers TiBox services (The Service) which include the following:
Products web application interface including “Create Event”, “Create Tickets”, “Add Devices, and “Reports”. The service is hosted at a domain managed by the company
Products mobile application on Google Play and App Store that validates the tickets issued using TiBox web application
Products data collection and content delivery network
Support offered by the company primarily via email address firstname.lastname@example.org, phone number +447700181501, and other customer support channels such as live chat
2. Free trial
TiBox does not offer a free trial as it is a pay-as-you-go service. However, while signing-up, you get some ticket credits for free. You can use them to create up to this tickets to try the product before making an informed purchase.
3. Lawfull use of the services:
Customer hereby agrees to use the services of DnD Studio only in an authorized manner as per terms of services/package selected. In case it is found that the use of services violates the terms of this agreement or any other law, rule or regulation enacted by the concerned authorities from time to time, DnD Studio reserves its right to terminate the agreement with immediate effect.
4. DnD Studio responsibilities, representations and warranties:
In the performance of Services, DnD Studio agrees to:
Perform the Services to the best of its ability and with the degree of care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances;
Liaise with Customer through Customers coordinator on matters related to the Services;
Notify Customer, whenever practicable, if expenses beyond the agreed charges may be incurred;
Invoice Customer according to the terms of this Agreement and the applicable Service Schedule for the Services performed; and
Proceed according to Customers reasonable instructions for the disposition of Customers Data and supplies on the termination of any Service Schedule.
4.2 Reasonable Attempts to Correct Errors on Notice:
DnD Studio warrants that it will at its expense make commercially reasonable attempts to correct any errors for which DnD Studio is directly and solely responsible by rerunning the Service, provided that the Data necessary to correct such errors is available to DnD Studio; or at DnD Studio option provide a credit to Customer equivalent to the charge that would have been applicable for correcting that portion of the Service that is in error, such credit will be only for errors due solely to malfunction of a system or Software provided by DnD Studio or any error made by DnD Studio personnel in the performance of the Service. To obtain the rerun Service or the credit, the Customer must notify DnD Studio in writing of such errors within fifteen days of receipt of the Services believed to contain the errors.
5. Customers responsibilities, representations, and warranties:
Customer agrees to:
Provide all necessary Data and any special forms or other required materials or information to DnD Studio on schedule or in a timely fashion to enable DnD Studio to provide the Services;
Ensure the accuracy, legibility, and completeness of all Data supplied to DnD Studio and be solely responsible for the results obtained from Customers use of any of the Services;
Liaise with DnD Studio through a coordinator. Customer will identify, on matters related to the Services and authorize that coordinator to make decisions on behalf of Customer in relation to the implementation of this Agreement and the Services and any changes thereto;
Comply with DnD Studio security and operating procedures (as may be revised or amended by DnD Studio from time to time) when Customers employees or agents are interfacing with DnD Studio installed systems;
Control, and be responsible for the use of, account information, user ids and passwords related to the Services and, where required, when interfacing with DnD Studio installed systems;
5.2 Customer Representations:
Customer represents and warrants to DnD Studio that: (a) the information Customer has provided for the purpose of establishing an account with DnD Studio is accurate, and (b) Customer has complied with and will continue to comply with all applicable privacy laws and has obtained and will continue to obtain the requisite privacy consents in the collection and use of all information that may be collected on any website or maintained on any server hosted by DnD Studio.
6. Fees, Billing, Taxes, Charges:
The fees set forth in the order form created at the outset of the “Customers” account shall be determined by the fees specified on the TiBox pricing page at any given time. The total price is excluding local taxes, which will be added at the time of payment, depending on the country of purchase.
As TiBox is a pay-as-you-go service, DnD Studio reserves the right to modify the price at any time without informing the Customer. It is the Customers responsibility to check the current price before proceeding to purchase ticket credits.
6.2 Billing and Payment Arrangements
DnD Studio will charge Customer a one-time payment for the specified number of tickets. All requests for refunds will be dealt with as per the companys Refund Policy. The customer shall at all times provide and keep current and up‐to‐date Customers contact, credit card, if applicable, and billing information on the administrative control panel.
6.3 Payment by Credit Card/ Wire Transfer/Cheque:
For payment, DnD Studio shall only provide an electronic invoice to the Customer. Customer may view and print an invoice for Customers account. A request can be made for a PDF version of the invoice by sending an email to email@example.com. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable for the specified number of ticket credits. You further authorize us to use a secure and trusted third party to process payments, and consent to the disclosure of your payment information to such third party. DnD Studio can allow any other mode of payment on special requests and circumstances of the Customer.
The customer acknowledges that all applicable taxes, duties or government levies whatsoever are included in the fees and expenses charged under this Agreement.
7. Modification of Terms and Conditions:
DnD Studio may update, amend, modify or supplement the terms and conditions of this Agreement from time to time and will use reasonable efforts to notify Customer regarding the same. Customer is responsible for regularly reviewing the most current version of this Agreement at any time available on the products website and application. If at any time Customer doesn’t agree with any amendment, modification or supplement to the terms and conditions of this Agreement, Customer may terminate this Agreement for convenience as per Clause 4 mentioned aforesaid. The customer’s continued use of Customer’s account and/or the services after the notice period will be conclusively deemed to be acceptance by the Customer of any such modifications or amendments.
8. Limited warranty; Limitation of damages:
8.1 DnD Studio provides services “as is”. Customer expressly agrees that use of DnD Studio services is at the Customer's sole risk. DnD Studio and its subsidiaries, affiliates, officers, employees, agents, partners, vendors and licensors expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranty of merchantability, fitness for a particular purpose and non infringement. The customer hereby agrees that the terms of this agreement shall not be altered due to custom or usage or due to the parties’ course of dealing or course of performance under this agreement.
8.2 DnD Studio and its subsidiaries, affiliates, officers, employees, agents, partners, vendors and licensors shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to damages for lost profits, business interruption, loss of programs or information, and the like, that result from the use or inability to use the services or from mistakes, omissions, interruptions, deletion of files or directories, errors, defects, delays in operation, or transmission, regardless of whether DnD Studio has been advised of such damages or their possibility.
8.3 Customer agrees that Customer’s sole remedy for any claims regarding the Services is limited to the credits set forth and agreed as per tariff opted by the Customer
8.4 Customer is fully responsible for the content of the information and data passing through DnD Studio's network or using the Services and for all activities that Customer conducts with the assistance of the Services.
9. Software and intellectual property rights:
9.1 Ownership of Intellectual Property Rights:
All Intellectual Property Rights, including any Software, owned by a party, its licensors or subcontractors as at the effective date of this Agreement shall continue to be owned by such party, its licensors or subcontractors and, except as expressly provided in this Agreement, the other party shall not acquire any right, title or interest in or to such Intellectual Property Rights. DnD Studio shall own all right, title and interest in and to any materials created or developed by DnD Studio or its subcontractors for its internal use or for assisting Customer in the provision of the Services and Customer shall own all right, title and interest in and to any Intellectual Property Rights resulting or based on any work product created or developed exclusively for Customer under this Agreement if fully paid for by Customer.
9.2 Right to use logo:
The customer agrees to let DnD Studio use their organization's logo in DnD Studio's customer list and at other places on its website, social media pages, marketing material, and other DnD Studio product websites.
9.3 License of Customer Software and Intellectual Property:
Customer agrees to grant to DnD Studio, solely for DnD Studio's provision of the Services, a license during the Term to use any Intellectual Property Rights, including any Software, owned by or licensed to Customer by third parties and that is necessary for providing the Services to Customer and otherwise performing its obligations under this Agreement. With respect to any Intellectual Property Rights and Software used by DnD Studio to provide the Services, Customer represents and warrants that: (a) Customer is either the owner of such Intellectual Property Rights or Software or is authorized by its owner to include it under this Agreement; and (b) DnD Studio has the right during the Term to use such Intellectual Property Rights and Software for the purpose of providing the Services to Customer as contemplated by this Agreement.
9.4 No Assurance of Compatibility:
The customer acknowledges that DnD Studio makes no representation, warranty or assurance that the Customer’s equipment and Software will be compatible with DnD Studio's equipment, Software and systems or the Services.
10.1 DnD Studio will not use any of Customer’s Confidential Information except in connection with the performance of the Services or the exercise of its rights under this Agreement and will take all reasonable precautions to maintain the confidentiality of Customer’s Confidential Information and to prevent the unauthorized disclosure to others of the Confidential Information. DnD Studio shall implement industry-standard security procedures, such as appropriate firewall, encryption, and access security measures but shall not be liable for damages caused to Customer by inadvertent breaches of confidentiality.
10.2 DnD Studio shall only disclose the Confidential Information to those of its employees and permitted agents and subcontractors who have a need to know and require access to the Confidential Information as may be reasonably necessary for the exercise of DnD Studio's rights and performance of the Services under this Agreement. Notwithstanding anything to the contrary in this Agreement, DnD Studio will not be required to keep confidential and may use or license without restriction, any ideas, concepts, know-how or techniques related to information processing which are developed by DnD Studio in the performance of Services.
10.3 Notwithstanding the foregoing, DnD Studio shall be permitted to: (i) monitor Customer’s use of the Services; (ii) report to the appropriate authorities any conduct by Customer (or Customer’s customers or end-users) that DnD Studio reasonably believes violates any applicable law, (iii) provide any information, including Confidential Information, required by law or regulation to be disclosed, or in response to a formal or informal request from a law enforcement or government agency; and (iv) disclose that DnD Studio is providing the Services to Customer and may include Customer’s name in promotional materials including press releases and on DnD Studio's website.
Customer shall indemnify, defend and hold harmless DnD Studio (and its subsidiaries, affiliates, officers, employees, agents, partners, mandatories, vendors and licensors) of any and all Claims (including third party Claims) arising as a result of or in relation to any breach of this Agreement or fault by Customer, or in relation to any activities conducted by Customer through the Services, or otherwise in relation to “Customer’s” products or services.
12. Governing law:
This Agreement shall be governed by and construed in accordance with the laws of UK. Customer agrees, in the event any claim or suit is brought in connection with this Agreement, it shall be brought to the exclusive jurisdiction and venue of the courts of ....... In any action to enforce this Agreement, including, without limitation, any action by DnD Studio for the recovery of fees due hereunder, Customer shall pay reasonable attorney's fees and costs in connection with such action.
In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any of the other provisions of this Agreement, and this Agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
No waiver by DnD Studio of any breach by Customer of any of the provisions of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No such waiver shall be effective unless it is in writing signed by the parties hereto, and then only to the extent expressly set forth in such writing.
Neither party may assign or transfer this Agreement or any rights or obligations hereunder, in whole or in part, except with the prior written consent of the other party, which shall not be unreasonably be withheld; provided that DnD Studio may assign or transfer this Agreement, or any rights or obligations hereunder, in whole or in part: (i) to an affiliate of DnD Studio, (ii) in connection with a merger, amalgamation or sale of all or a substantial part of the business of DnD Studio, or (iii) for financing, securitization or other similar purposes, which assignments and/or transfers shall operate novation and discharge DnD Studio hereunder. A change of control of Customer shall be deemed to be an assignment and transfer hereunder and shall be governed by the requirements of this provision.
16. Data processing addendum
If you are a paying subscriber to the products and services of DnD Studio, to the extent that DnD Studio processes any Personal Information (as defined in the DPA) contained in End-User Data that is subject to the GDPR (as defined in the DPA), on your behalf, in the provision of the Service, the terms of the data processing addendum at TiBox DPA ("DPA"), which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard Contractual Clauses attached to the DPA, when you are the data exporter, your agreeing to these Terms of Service shall be treated as signing of the DPA, including, without limitation, the Standard Contractual Clauses and their Appendices.
The terms and conditions along with privacy policies with all references, constitutes the sole and entire agreement of the parties to this agreement with respect to the subject matter contained herein, and supersedes all prior terms and conditions which were agreed by the Customer.
If you still have questions related to this topic, feel free to reach out to our customer relations team at firstname.lastname@example.org