This End User License Agreement(EULA) is a legal agreement between the company Dazzle Technologies Ltd, (Dazzle),established under the laws of England and Wales, and you. If you are agreeingto this EULA not as an individual, but on behalf of your company, then‘Customer’, ‘you’ or ‘your’ means your company. PLEASE READ THIS EULACAREFULLY. BY CLICKING ON THE ‘I ACCEPT’ BUTTON OR BY USING THE PRODUCTS, YOUREPRESENT TO US THAT YOU HAVE REVIEWED THE TERMS OF THIS EULA, HAVE THEAUTHORITY TO ENTER INTO THIS EULA ON BEHALF OF THE COMPANY (WHERE APPLICABLE),AND AGREE TO BE BOUND BY THIS EULA. THIS EULA DOES NOT NEED TO BE SIGNED INORDER TO BE BINDING.
This EULA governs your use of Products (as defined below) as well as any future Products made available by Dazzle Technologies Ltd to you. This EULA includes the terms of any purchase orders for the Products submitted directly to Dazzle Technologies Ltd or through an authorised reseller or distributor of Dazzle Technologies Ltd (Purchase Order) and incorporates any other referencedpolicies and attachments.
This EULA applies to Products purchased directly from Dazzle Technologies Ltd or through authorised resellers or distributors of Dazzle Technologies Ltd. ThisEULA applies to Products purchased online using an automated online process aswell as offline using a document process.
This EULA governs your use of: (i) DazzleTechnologies Ltd including any software updates (Products), and (ii) anysupport or maintenance services provided by Dazzle Technologies Ltd orassociated materials
Dazzle Technologies Ltd grants to you for the Licence Term a personal,revocable, non-transferable, non-sublicensable and non-exclusive right to usethe Products under the terms of this EULA. The term of your licence to use theProducts (Licence Term) will be set out in your Purchase Order, as approved by Dazzle Technologies Ltd or any authorised resellers or distributors of Dazzle Technologies Ltd, and/or on your invoice notification that you will receivefrom Dazzle Technologies Ltd or any authorised resellers or distributors of DazzleTechnologies Ltd. This EULA is in effect for as long as you have a valid License Term. This EULA will expire at the end of your Licence Term, unless terminated earlier in accordance with its terms.
Products are provided as Software as a Service in the cloud: (i) you acknowledge that these Products are on-line, subscription-based services andthat Dazzle Technologies Ltd may make changes to such Products and associatedservices from time to time; (ii) the on-line, subscription-based services aresubject to use specifications and licence limits, as set out at [link toProduct description] and you must only use the Products in accordance with those specifications and limits.
The Licence term for online sales is a annual licence ending the last day ofeach rolling 12 months, with automatic unlimited renewal. If you wish to end the subscription, email firstname.lastname@example.org The subscription will be cancelled at the end of the next billing year.
Billing is issued each year on the last day of each rolling 12 months. For services that are based number of devices then the number of devices enrolledthe last day of the month multiplied by the price per device excluding taxes as indicated in writing will be used.
The number of devices enrolled the last day of the month is supposed to berepresentative of the number of devices enrolled throughout the year. If thisis not the case, Dazzle Technologies Ltd reserves the right to use the highest number of devices enrolled during any day of the calendar month as the basis ofthe annual invoicing.
In case of Subscription cancelation, the last invoice will be issued on the cancelation date, based on the highest number of devices enrolled during anyday of the calendar year and the pricing per device will be based on a full annual usage. We do not prorate our invoices based on the number of days used in any year.
You will retain all right, title and interest in and to Customer Data (asdefined below) in the form provided to Dazzle Technologies Ltd. Subject to theterms of this EULA, you hereby grant Dazzle Technologies Ltd a non-exclusive,worldwide, royalty-free, perpetual, sub-licensable and irrevocable licence tocollect, use, copy, store, transmit and modify Customer Data to the extentnecessary to: (i) provide the applicable Products to you; (ii) perform itsobligations under this EULA; and (iii) allow Dazzle Technologies Ltd to useaggregated and unidentifiable data regarding Product usage collectively derivedfrom Customer Data for the purposes of: (A) providing comparative analysis ofProduct usage to Dazzle Technologies Ltd’s other customers; (B) preparingarticles, reports or research papers which may be made publicly available; and(C) developing and commercialising other products and services to DazzleTechnologies Ltd’s customers.
You warrant that you have obtained all consents and made all necessarydisclosures pursuant to applicable laws for the purpose of Dazzle TechnologiesLtd exercising the benefit of the licence granted to it under clause 4.1.
‘Customer Data’ means any of your data, content, code or othermaterials of any type that interacts with, may be accessible to, or is managedby the Product or otherwise, including personal information
Dazzle Technologies Ltd uses and implements market standard security practicesto protect Customer Data it collects from authorised access or use. However, DazzleTechnologies Ltd cannot guarantee that security practices will be error-free,that transmissions of Customer Data will always be secure or that unauthorisedthird parties will never gain access to Customer Data. Details of DazzleTechnologies Ltd’s security practices are available and Dazzle Technologies mayaccess identifiable Customer Data when Dazzle Technologies Ltd is providingaccount support and also during system maintenance work.
Dazzle Technologies Ltd is compliant with the EU General Data Protection Regulation 2018 (GDPR)
You indemnify Dazzle Technologies Ltd from and against any loss, cost,liability or damage for which Dazzle Technologies Ltd becomes liable arisingfrom or relating to any claim relating to Customer Data, including but notlimited to any claim brought by a third party alleging that Customer Data, oryour use of the Products: (i) infringes or misappropriates the intellectualproperty rights of a third party; (ii) violates applicable law; or (iii)breaches any agreed warranty.
You grant Dazzle Technologies Ltd the right to use your company’s name and logofor promotional purposes; including, but not limited to, Dazzle TechnologiesLtd’s website, press releases, and in advertising and promotional material,unless indicated otherwise by written notice to Dazzle Technologies Ltd.
All Products are provided on an ‘asis’ basis. To the extent permitted by law, Dazzle Technologies Ltd disclaimsand make no express or implied warranties, conditions, representations orguarantees that: (i) the Products are of merchantable quality or are fit for aparticular purpose; (ii) the use of the Products will be secure, timely,uninterrupted or error free; (iii) the Products will operate in combinationwith any other hardware, software, system or data; (iv) errors or defects will becorrected; or (v) the Products or any servers used to deliver the Products arefree of viruses or other harmful components. Dazzle Technologies Ltd is notobligated to provide any updates to the Products
To the extent permitted by law, Dazzle Technologies Ltd will not be liable toyou for any loss of use, lost data, failure of security mechanisms,interruption of business, or any indirect, special, incidental, orconsequential loss of any kind (including lost profits, loss of goodwill,anticipated savings, or anticipated revenue), whether in contract, tort(including negligence), statute or otherwise whether or not such loss may reasonably be supposed to have been in the contemplation of both parties at the commencement of this EULA.
To the maximum extent permitted by law, Dazzle Technologies Ltd’s aggregateliability arising under or in connection with this EULA to you (whether incontract, tort (including negligence), statute, equity or otherwise) is limitedto the aggregate amount of fees paid by you to Dazzle Technologies Ltd in the 6month period immediately preceding the date of the first cause of action givingrise to a claim (Liability Cap).
You are fully responsible for all liabilities and expenses of any typewhatsoever that may arise on account of your use of the Products. You willindemnify, hold harmless and (at Dazzle Technologies Ltd’s option) defend DazzleTechnologies Ltd from and against any claim, loss, cost, liability or damage,including legal fees, for which Dazzle Technologies Ltd becomes liable arisingfrom or relating to: (i) any breach or alleged breach by you of any term ofthis EULA; or (ii) your use of the Products.
Dazzle Technologies Ltd owns all right, title and interest (including allintellectual property rights) in or relating to the Products and, no rights tosuch intellectual property are granted to the Customer, except as expresslyprovided in this EULA. You will not and will not permit any third party to: (i)modify, duplicate, disassemble, or attempt to reverse engineer the Products;(ii) remove or erase the software from the Products, or otherwise try todisable or alter the Products functionality; or (iii) load any other softwareon to the Products. Dazzle Technologies Ltd Products are made available to you on the express condition that this does not convey any licence, expressly or byimplication, to manufacture, modify, duplicate, or otherwise copy or reproduce any Product or component thereof.
If you become aware that you or any third party is infringing ormisappropriating any intellectual property rights in or relating to any Product(including the trade marks), then you must promptly notify Dazzle TechnologiesLtd in writing and cooperate with and assist Dazzle Technologies Ltd, at DazzleTechnologies Ltd expense, in the protection of such intellectual propertyrights.
You agree you may not sub-licence or lease the Products.
Dazzle Technologies Ltd will defend you against any claim brought against youby a third party alleging that a Product, when used in accordance with thisEULA, infringes a registered patent or any copyright (Claim), and we will indemnifyyou and hold you harmless against any damages and costs finally awarded by acourt of competent jurisdiction or agreed to by Dazzle Technologies Ltd as partof a settlement arising out of a Claim, provided that we have received fromyou: (i) prompt written notice of the Claim (but in any event notice insufficient time for us to respond without prejudice); (ii) reasonable assistance in the defence and investigation of the Claim, including providingus with a copy of the Claim and all relevant evidence in your possession,custody or control; and (iii) the exclusive right to control and direct the investigation, defence, and settlement (if applicable) of the Claim.
Either party may terminate this EULA immediately if the other party breaches aterm of this EULA, and the breaching party fails to cure the breach within 15days of receipt of written notice from the non-defaulting party. In addition,either party may immediately terminate this EULA upon: (i) the insolvency ofthe other party; (ii) the institution of any proceeding in relation to thecredit standing of the other party, such as bankruptcy, reorganisation,rehabilitation or composition, by or against the other party; or (iii) theappointment of any receiver or trustee for the other party.
Termination of this EULA will not release either party from any liability which, at the time of such termination, has already accrued to the other partyor which is attributable to a period prior to such termination. Upon termination of this EULA, each party will return (or destroy) any ConfidentialInformation (as defined below) of the other party in its possession. Thefollowing provisions of this EULA will survive any termination of the EULA, together with any other provision which by its nature is intended to survive termination of this EULA.
Any and all non-public information provided directly or indirectly by one party(the Disclosing Party) to the other party (the Receiving Party) related to thebusiness or technology of the Disclosing Party (collectively, ConfidentialInformation), will be kept confidential by the Receiving Party and may not beused, except as necessary in the performance of the Receiving Party’s obligations under this EULA. The Receiving Party agrees to limit access to theConfidential Information to those of its employees or contractors as arereasonably required for the purpose of performing the Receiving Party’s obligations under this EULA or otherwise in connection with the use of the Products and will ensure that each such employee or contractor is subject to an agreement with the Receiving Party with respect to third party confidential information substantially as protective of the Disclosing Party’s Confidential Information. Not withstanding the foregoing, Confidential Information does notinclude any information that the Receiving Party can verify based on its written records was: (a) already lawfully in the Receiving Party's possessionwithout confidentiality obligations prior to receiving it from the Disclosing Party; (b) independently received from a third party without an accompanying duty of confidentiality and without breach of such third party’s obligations of confidentiality; (c) becomes available in the public domain through no actionor inaction of the Receiving Party; or (d) developed independently by theReceiving Party without use of or reference to Disclosing Party’s ConfidentialInformation. If the Receiving Party becomes legally compelled to disclose any Confidential Information, other than pursuant to a confidentiality agreement, the Receiving Party will provide the Disclosing Party with prompt written notice, if legally permissible, and will use its best efforts to assist the Disclosing Party in seeking a protective order or another appropriate remedy.
All notices required or permitted under this EULA must be in writing, includingnotices sent by email, and will be deemed received: (i) for email notices, uponthe time the email enters the information processing system that the recipienthas designated or uses for the purposes of receiving email (as provided below);or (ii) for mailed notices, one day after deposit with a commercial expresscourier specifying next day delivery, or two days for international courier packages specifying two-day delivery, with written verification of receipt bythe courier. All notices to Customer will be sent to the email address orpostal address provided at the time of application. All notices to Dazzle Technologies Ltd will be sent to email@example.com
This EULA is governed by the laws of England and Wales. Each party irrevocablyand unconditionally submits to the non-exclusive jurisdiction of the courts of Englandand Wales and any courts which have jurisdiction to hear appeals from any ofthose courts in respect of any proceedings in connection with this EULA.
Any provision of, or the application of any provision of this EULA, which isprohibited, void, illegal or unenforceable in any jurisdiction: (i) is, in thatjurisdiction, ineffective only to the extent to which it is void, illegal, unenforceableor prohibited; (ii) does not affect the validity, legality or enforceability ofthat provision in any other jurisdiction or of the remaining provisions of thisEULA in that or any other jurisdiction; and (iii) is severable from this EULAand will not affect the remaining provisions of this EULA.
The application of this clause 12.4 is not limited by any other provision ofthis EULA in relation to severability, prohibition or enforceability.
Dazzle Technologies Ltd may assign or novate, in whole or in part, any of itsrights or obligations under this EULA upon written notice to the Customer. TheCustomer cannot assign or novate any of its rights or obligations under thisEULA, in whole or in part, without the prior written consent of DazzleTechnologies Ltd.
From time to time, Dazzle Technologies Ltd may modify this EULA. We will usereasonable efforts to notify you of these changes through communications through our website or other forms of communication.
You acknowledge and agree that Dazzle Technologies Ltd may amend the terms andconditions of this Agreement at any time, with notice given to Customer by email or through the Product (in the case of significant amendments).
Customer must notify Dazzle Technologies Ltd within thirty (30) days of notice of the amendments that Customer does not agree to such changes, and DazzleTechnologies Ltd (at its option and as Customer’s exclusive remedy) may either:(a) permit Customer to continue under the prior version of this Agreement until expiration of the then-current Subscription Term (after which time the modifiedAgreement will apply) or (b) allow Customer to terminate this Agreement.
Dazzle Technologies Ltd may subcontract its obligations under this EULA to anythird party at any time without notice to you.
If a dispute arises between the parties in respect of or in connection withthis EULA (including the validity, breach or termination of it), then without prejudice to any other right or entitlement they may have pursuant to this EULAor otherwise, the parties will explore whether the dispute can be resolved byagreement between them using informal dispute resolution techniques such asnegotiation, mediation, independent expert appraisal or any other alternative dispute resolution technique. The rules governing any such technique adopted may be as agreed between the parties or, if the parties are unable to agree ona technique, such technique as is recommended by the Law Society. If thedispute is not resolved by agreement within thirty (30) days’ written notice byone party to the other of the dispute (or such further period agreed in writing between the parties), either party may refer the dispute to the courts.
PRIVICY AND SECURITY POLICY
DazzleTechnologies Ltd, trading as Waizu, is a private limited company establishedunder the laws of England and Wales, with company number 12570292 withregistered address of 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.
ThisPrivacy and Security Policy describes the privacy and security practices for DazzleTechnologies Ltd products and the website www.portal.tphuser.com
We takeuser privacy and security very seriously. This document provides an overview ofour privacy and security policies and technology. We are happy to discuss anyof these points in more detail with concerned customers. We can be contacted byemail at firstname.lastname@example.org
Ourproduct offers two authentication capabilities: email and password based, orGoogle federated identity provider.
Theemail and password-based authentication let users authenticate with their emailaddresses and passwords. The password is always hashed before being stored inour database, so that we never have access to our user’s passwords.
We mayoffer integration with the Google federated identity provider which lets usersauthenticate with a Google Account or a Gmail address. This authenticationmethod relies on the OAuth 2.0 industry standard. We never have access to ourusers' Google Account or Gmail passwords.
Access to Systems and Hosting
We have built the Application in Microsoft .NET, running on MicrosoftSQL and hosted in Microsoft Azure – therefore enjoy the Microsoft terms ofservices which can be found here - https://azure.microsoft.com/en-gb/support/legal/
Some links to specialist device management software may be granted as part ofthis policy and if so this service is hosted on the Google Cloud Platform,and therefore enjoy GoogleCloud Platform ToS (https://cloud.google.com/terms) as well as Security and Confidentiality (https://cloud.google.com/security/overview/whitepaper)
Allinteraction between your browser and our application occurs over a secure HTTPSconnection. All web reports and account management activities are likewiseperformed over a secure HTTPS connection
TechnicalSupport, Incident Response
We monitor our systems permanently. Our team is notified as soon as problemsare detected and the issues are immediately investigated.
Whenever a significant downtime happens, we notify you via Email.
Every user has access to our support platform to log support. Contact email@example.com to findout more.
We provide 24x5 email support to every end user with an average first responsetime of 6 hours.
Our Enterprise support offering includes Video and Phone support.
Data Access & Confidentiality
Access to user's account and all data associated with that account by DazzleTechnologies Ltd employees is limited to an as-needed basis (e.g., to resolvecustomer issues, support). When such access is required, only personnel with adirect need will access the data, and such access will be limited as much aspossible. Breach of this policy by a Dazzle Technologies Ltd employee is aserious matter which can lead to contract termination as well as legal action.
When requested, we will destroy a user's account, removing all data associatedwith that account.
As customers use Dazzle Technologies Ltd, our server collects telemetry dataabout the features being used. We use this data to generate reports, to assistus in debugging and customer service, and to update system status and capacityplanning.
Dazzle Technologies Ltd does not rent, sell, trade or disclose users PersonalInformation to third parties.
Why do we keep some of your information?
Dazzle Technologies Ltd products areweb based; because of this they require the use of first and last names,billing contact information, as well as login and password. Therefore, at aminimum, we may require such necessary information in order to establish youraccount with us.
Do we access, use, store, or share usersdata during application usage?
Personal Information: Wecollect personal information from users including (at minimum) first and lastnames, and an email address to be used as a login. When a user registers onlineto use products, Dazzle Technologies Ltd will take steps to verify the emailaddress supplied to us to ensure it is accurate. Your email address may be usedto send you periodic product newsletters, offers and usage tips from DazzleTechnologies Ltd. You can opt out of promotional emails at any time, but willstill receive communications such as receipts, confirmation emails and customerservice updates that are considered necessary to provide the service to you. Weuse the information collected to deliver services, update our records,communicate with you about products and services, and generally maintain youraccounts with us. We will retain your information for as long as your accountis active, as needed to provide you services, to comply with our legalobligations, resolve disputes, and enforce our agreements. If you wish tocancel your account or request that we no longer use your information toprovide you services contact us at firstname.lastname@example.org
Business Information: Information that is collected by our products isconsidered confidential. We will not view Business Information except asnecessary to appropriately support the service or as required by law. (BusinessInformation includes app data, documents, files, configuration settings and anyother business information stored on Dazzle Technologies Ltd products). We willnot view Business Information, except as necessary to appropriately support theservice, for the purpose of anticipating, diagnosing, supporting or resolvingany problems that might limit or disrupt the quality of our customers’ serviceexperience or as required by law.
Session Records: To maintain our quality of service and to assist in theanalysis of product performance, we may also gather data on connectioninformation. The gathered information is used only to ensure the highestquality experience possible when using Dazzle Technologies Ltd products.
Security Information: Dazzle Technologies Ltd also collects certainstandard information about your computer for security and identificationpurposes. This information may include: IP addresses, domain names, accesstimes, cookies and other unique identifying information of machines that haveour software downloaded and installed on them. This information is used for theoperation of the service, to identify and protect our customers and to controlunauthorized use or abuse of our services. All information is encrypted duringtransmission and is stored securely within our servers.
Web Analytics: We continuously improve our websites and utilize differentweb analytic tools to help us do so. We are interested in how visitors use ourwebsites, what they like and dislike, and where they have problems. We also useweb analytic tools on our mobile applications to help gather non-personallyidentifiable data about download and application usage. In our use of web analytics,we do collect GeoLocation data, but it is only on an aggregate basis and nottied to any individual. The web beacons used in connection with our webanalytics services do not share any personally identifiable information aboutour website and application visitors with third parties. Our tools may gatherdata such as what browser a person uses, what operating systems are used, whatis downloaded, and what content, products and services are reviewed whenvisiting or registering for services at one of our websites or mobileapplications. This information is used solely to assist Dazzle Technologies Ltdin maintaining a more effective and useful website for our customers. We trackaggregate traffic patterns throughout our site but we do not correlate thisinformation with personally identifiable data about individual users. We trackdomain names and browser types. Such information will not be passed to thirdparties without your prior consent unless where required by applicable law.
With whom do we share this information?
Ensuring your privacy is important to us. We do not sell, trade or rent yourpersonal information to third parties.
Dazzle Technologies Ltd products and services by necessity require us toprovide some of your information to third parties.
We use a number of third parties to process personal data on our behalf. Thesethird parties have been carefully chosen and all of them comply with the EUGeneral Data Protection Regulation 2018 (GDPR) and EU-U.S PrivacyShield.
We currently use the following third parties: Google, Microsoft, FreshService, Zendesk,Hubspot, Intercom, Auth0.
How do we protect information from loss,misuse or alternations?
Dazzle Technologies Ltd hasimplemented commercially reasonable precautions designed to protect the websites and applications it hosts and the information it collects from loss,misuse, and unauthorized access, disclosure, alteration, and destruction.Nevertheless, we remind you that no security measure is perfect. DazzleTechnologies Ltd is not liable for loss of passwords due to user carelessness.If you lose control over your credentials, you may lose control over your personallyidentifiable information. If you believe your account credentials have beencompromised, we recommend that you immediately change your password or activateGoogle 2 step authentication.
Data retention policy, Data controller and data protection officer
Dazzle Technologies Ltd is compliant with the EUGeneral Data Protection Regulation 2018 (GDPR). DazzleTechnologies Ltd currently retains all user and business data while you areuser of Dazzle Technologies Ltd online services. We keep your data for a periodof 12 months after you stop using any of our services.
You can request an immediate deletion of all your data by contacting ourData Protection Officer by email.
Data Controller: email@example.com
Data Protection Officer: Data Protection Officer: Adrian Lawson,Director, Dazzle Technologies Ltd, email firstname.lastname@example.org
We will report any unlawful databreach of this website’s database or the database(s) of any of our third partydata processors to any and all relevant persons and authorities within 72 hoursof the breach if it is apparent that personal data stored in an identifiablemanner has been stolen.