This End User License Agreement(EULA) is a legal agreement between the company Dazzle Technologies Ltd, (T/A Waizu), established under the laws of England and Wales, and you. If you are agreeing to this EULA not as an individual, but on behalf of your company, then ‘Customer’, ‘you’ or ‘your’ means your company. PLEASE READ THIS EULA CAREFULLY. BY CLICKING ON THE ‘I ACCEPT’ BUTTON OR BY USING THE PRODUCTS, YOU REPRESENT TO US THAT YOU HAVE REVIEWED THE TERMS OF THIS EULA, HAVE THE AUTHORITY 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 referenced policies and attachments.
This EULA applies to Products purchased directly from Dazzle Technologies Ltd or through authorised resellers or distributors of Dazzle Technologies Ltd. This EULA applies to Products purchased online using an automated online process as well as offline using a document process.
This EULA governs your use of: (i) Dazzle Technologies Ltd including any software updates (Products), and (ii) any support or maintenance services provided by Dazzle Technologies Ltd or associated materials
Dazzle Technologies Ltd grants to you for the Licence Term a personal, revocable, non-transferable, non-sublicensable and non-exclusive right to use the Products under the terms of this EULA. The term of your licence to use the Products (Licence Term) will be set out in your invoice, 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 receive from Dazzle Technologies Ltd or any authorised resellers or distributors of Dazzle Technologies 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 and that Dazzle Technologies Ltd may make changes to such Products and associated services from time to time; (ii) the on-line, subscription-based services are subject to use specifications and licence limits, as set out at getwaizu.com/solutions/virtual-smart-cabinet and you must only use the Products in accordance with those specifications and limits.
The Licence term will be shown on the invoice ending the last day of each rolling term, 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 term.
Billing is issued for each term on the first day of each rolling term. For services that are based number of devices then the number of devices enrolled that day of the month multiplied by the price per device excluding taxes as indicated in writing will be used.
Alternatively the number of licenses listed on the purchase order will be used for 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 any day of the billing period and the pricing per device will be based on a full term usage. We do not prorate our invoices based on the number of days used in any period.
You will retain all right, title and interest in and to Customer Data (as defined below) in the form provided to Dazzle Technologies Ltd. Subject to the terms of this EULA, you hereby grant Dazzle Technologies Ltd a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and irrevocable licence to collect, use, copy, store, transmit and modify Customer Data to the extent necessary to: (i) provide the applicable Products to you; (ii) perform its obligations under this EULA; and (iii) allow Dazzle Technologies Ltd to use aggregated and unidentifiable data regarding Product usage collectively derived from Customer Data for the purposes of: (A) providing comparative analysis of Product usage to Dazzle Technologies Ltd’s other customers; (B) preparing articles, reports or research papers which may be made publicly available; and(C) developing and commercialising other products and services to Dazzle Technologies Ltd’s customers.
You warrant that you have obtained all consents and made all necessary disclosures pursuant to applicable laws for the purpose of Dazzle Technologies Ltd exercising the benefit of the licence granted to it under clause 4.1.
‘Customer Data’ means any of your data, content, code or other materials of any type that interacts with, may be accessible to, or is managed by the Product or otherwise, including personal information
Dazzle Technologies Ltd uses and implements market standard security practices to protect Customer Data it collects from authorised access or use. However, Dazzle Technologies Ltd cannot guarantee that security practices will be error-free, that transmissions of Customer Data will always be secure or that unauthorised third parties will never gain access to Customer Data. Details of Dazzle Technologies Ltd’s security practices are available and Dazzle Technologies may access identifiable Customer Data when Dazzle Technologies Ltd is providing account 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 arising from or relating to any claim relating to Customer Data, including but not limited to any claim brought by a third party alleging that Customer Data, or your use of the Products: (i) infringes or misappropriates the intellectual property 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 logo for promotional purposes; including, but not limited to, Dazzle Technologies Ltd’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 ‘as is’ basis. To the extent permitted by law, Dazzle Technologies Ltd disclaims and make no express or implied warranties, conditions, representations or guarantees that: (i) the Products are of merchantable quality or are fit for a particular purpose; (ii) the use of the Products will be secure, timely, uninterrupted or error free; (iii) the Products will operate in combination with any other hardware, software, system or data; (iv) errors or defects will be corrected; or (v) the Products or any servers used to deliver the Products are free of viruses or other harmful components. Dazzle Technologies Ltd is not obligated to provide any updates to the Products
To the extent permitted by law, Dazzle Technologies Ltd will not be liable to you for any loss of use, lost data, failure of security mechanisms, interruption of business, or any indirect, special, incidental, or consequential 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 aggregate liability arising under or in connection with this EULA to you (whether in contract, tort (including negligence), statute, equity or otherwise) is limited to 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 giving rise to a claim (Liability Cap).
You are fully responsible for all liabilities and expenses of any type whatsoever that may arise on account of your use of the Products. You will indemnify, hold harmless and (at Dazzle Technologies Ltd’s option) defend Dazzle Technologies Ltd from and against any claim, loss, cost, liability or damage, including legal fees, for which Dazzle Technologies Ltd becomes liable arising from or relating to: (i) any breach or alleged breach by you of any term of this EULA; or (ii) your use of the Products.
Dazzle Technologies Ltd owns all right, title and interest (including all intellectual property rights) in or relating to the Products and, no rights to such intellectual property are granted to the Customer, except as expressly provided 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 to disable or alter the Products functionality; or (iii) load any other software on 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 by implication, 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 or misappropriating any intellectual property rights in or relating to any Product(including the trade marks), then you must promptly notify Dazzle Technologies Ltd in writing and cooperate with and assist Dazzle Technologies Ltd, at Dazzle Technologies Ltd expense, in the protection of such intellectual property rights.
You agree you may not sub-licence or lease the Products.
Dazzle Technologies Ltd will defend you against any claim brought against you by a third party alleging that a Product, when used in accordance with this EULA, infringes a registered patent or any copyright (Claim), and we will indemnify you and hold you harmless against any damages and costs finally awarded by a court of competent jurisdiction or agreed to by Dazzle Technologies Ltd as part of a settlement arising out of a Claim, provided that we have received from you: (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 providing us 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 a term 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 of the other party; (ii) the institution of any proceeding in relation to the credit standing of the other party, such as bankruptcy, reorganisation, rehabilitation or composition, by or against the other party; or (iii) the appointment 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 party or which is attributable to a period prior to such termination. Upon termination of this EULA, each party will return (or destroy) any Confidential Information (as defined below) of the other party in its possession. The following 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 the business or technology of the Disclosing Party (collectively, Confidential Information), will be kept confidential by the Receiving Party and may not be used, except as necessary in the performance of the Receiving Party’s obligations under this EULA. The Receiving Party agrees to limit access to the Confidential Information to those of its employees or contractors as are reasonably 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 not include any information that the Receiving Party can verify based on its written records was: (a) already lawfully in the Receiving Party's possession without 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 action or inaction of the Receiving Party; or (d) developed independently by the Receiving Party without use of or reference to Disclosing Party’s Confidential Information. 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, including notices sent by email, and will be deemed received: (i) for email notices, up on the time the email enters the information processing system that the recipient has designated or uses for the purposes of receiving email (as provided below);or (ii) for mailed notices, one day after deposit with a commercial express courier specifying next day delivery, or two days for international courier packages specifying two-day delivery, with written verification of receipt by the courier. All notices to Customer will be sent to the email address or postal 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 irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of England and Wales and any courts which have jurisdiction to hear appeals from any of those courts in respect of any proceedings in connection with this EULA.
Any provision of, or the application of any provision of this EULA, which is prohibited, void, illegal or unenforceable in any jurisdiction: (i) is, in that jurisdiction, ineffective only to the extent to which it is void, illegal, unenforceable or prohibited; (ii) does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions of this EULA in that or any other jurisdiction; and (iii) is severable from this EULA and will not affect the remaining provisions of this EULA.
The application of this clause 12.4 is not limited by any other provision of this EULA in relation to severability, prohibition or enforceability.
Dazzle Technologies Ltd may assign or novate, in whole or in part, any of its rights or obligations under this EULA upon written notice to the Customer. The Customer cannot assign or novate any of its rights or obligations under this EULA, in whole or in part, without the prior written consent of Dazzle Technologies Ltd.
From time to time, Dazzle Technologies Ltd may modify this EULA. We will use reasonable 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 and conditions 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 Dazzle Technologies 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 modified Agreement will apply) or (b) allow Customer to terminate this Agreement.
Dazzle Technologies Ltd may subcontract its obligations under this EULA to any third party at any time without notice to you.
If a dispute arises between the parties in respect of or in connection with this EULA (including the validity, breach or termination of it), then without prejudice to any other right or entitlement they may have pursuant to this EULA or otherwise, the parties will explore whether the dispute can be resolved by agreement between them using informal dispute resolution techniques such as negotiation, 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 on a technique, such technique as is recommended by the Law Society. If the dispute is not resolved by agreement within thirty (30) days’ written notice by one 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
Dazzle Technologies Ltd, trading as Waizu, is a private limited company established under the laws of England and Wales, with company number 12570292 with registered address of 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.
This Privacy and Security Policy describes the privacy and security practices for Dazzle Technologies Ltd products and the website www.portal.tphuser.com
We take user privacy and security very seriously. This document provides an overview of our privacy and security policies and technology. We are happy to discuss any of these points in more detail with concerned customers. We can be contacted by email at firstname.lastname@example.org
Our product offers two authentication capabilities: email and password based, or Google federated identity provider.
The email and password-based authentication let users authenticate with their email addresses and passwords. The password is always hashed before being stored in our database, so that we never have access to our user’s passwords.
We may offer integration with the Google federated identity provider which lets users authenticate with a Google Account or a Gmail address. This authentication method relies on the OAuth 2.0 industry standard. We never have access to our users' Google Account or Gmail passwords.
Access to Systems and Hosting
We have built the Application in Microsoft .NET, running on Microsoft SQL and hosted in Microsoft Azure – therefore enjoy the Microsoft terms of services 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 of this 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)
All interaction between your browser and our application occurs over a secure HTTPS connection. All web reports and account management activities are likewise performed over a secure HTTPS connection
Technical Support, Incident Response
We monitor our systems permanently. Our team is notified as soon as problems are 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 find out more.
We provide 24x5 email support to every end user with an average first response time 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 Dazzle Technologies Ltd employees is limited to an as-needed basis (e.g., to resolve customer issues, support). When such access is required, only personnel with a direct need will access the data, and such access will be limited as much as possible. Breach of this policy by a Dazzle Technologies Ltd employee is a serious matter which can lead to contract termination as well as legal action.
When requested, we will destroy a user's account, removing all data associated with that account.
As customers use Dazzle Technologies Ltd, our server collects telemetry data about the features being used. We use this data to generate reports, to assist us in debugging and customer service, and to update system status and capacity planning.
Dazzle Technologies Ltd does not rent, sell, trade or disclose users Personal Information to third parties.
Why do we keep some of your information?
Dazzle Technologies Ltd products are web based; because of this they require the use of first and last names, billing contact information, as well as login and password. Therefore, at a minimum, we may require such necessary information in order to establish your account with us.
Do we access, use, store, or share users data during application usage?
Personal Information: We collect personal information from users including (at minimum) first and last names, and an email address to be used as a login. When a user registers online to use products, Dazzle Technologies Ltd will take steps to verify the email address supplied to us to ensure it is accurate. Your email address may be used to send you periodic product newsletters, offers and usage tips from Dazzle Technologies Ltd. You can opt out of promotional emails at any time, but will still receive communications such as receipts, confirmation emails and customer service updates that are considered necessary to provide the service to you. We use the information collected to deliver services, update our records, communicate with you about products and services, and generally maintain your accounts with us. We will retain your information for as long as your account is active, as needed to provide you services, to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at firstname.lastname@example.org
Business Information: Information that is collected by our products is considered confidential. We will not view Business Information except as necessary to appropriately support the service or as required by law. (Business Information includes app data, documents, files, configuration settings and any other business information stored on Dazzle Technologies Ltd products). We will not view Business Information, except as necessary to appropriately support the service, for the purpose of anticipating, diagnosing, supporting or resolving any problems that might limit or disrupt the quality of our customers’ service experience or as required by law.
Session Records: To maintain our quality of service and to assist in the analysis of product performance, we may also gather data on connection information. The gathered information is used only to ensure the highest quality experience possible when using Dazzle Technologies Ltd products.
Security Information: Dazzle Technologies Ltd also collects certain standard information about your computer for security and identification purposes. This information may include: IP addresses, domain names, access times, cookies and other unique identifying information of machines that have our software downloaded and installed on them. This information is used for the operation of the service, to identify and protect our customers and to control unauthorized use or abuse of our services. All information is encrypted during transmission and is stored securely within our servers.
Web Analytics: We continuously improve our websites and utilize different web analytic tools to help us do so. We are interested in how visitors use our websites, what they like and dislike, and where they have problems. We also use web analytic tools on our mobile applications to help gather non-personally identifiable 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 not tied to any individual. The web beacons used in connection with our webanalytics services do not share any personally identifiable information about our website and application visitors with third parties. Our tools may gather data such as what browser a person uses, what operating systems are used, what is downloaded, and what content, products and services are reviewed when visiting or registering for services at one of our websites or mobile applications. This information is used solely to assist Dazzle Technologies Ltdi n maintaining a more effective and useful website for our customers. We track aggregate traffic patterns throughout our site but we do not correlate this information with personally identifiable data about individual users. We track domain names and browser types. Such information will not be passed to third parties 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 your personal information to third parties.
Dazzle Technologies Ltd products and services by necessity require us to provide some of your information to third parties.
We use a number of third parties to process personal data on our behalf. These third parties have been carefully chosen and all of them comply with the EU General Data Protection Regulation 2018 (GDPR) and EU-U.S Privacy Shield.
We currently use the following third parties: Google, Microsoft, Fresh, Hubspot.
How do we protect information from loss, misuse or alternations?
Dazzle Technologies Ltd has implemented 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. Dazzle Technologies 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 personally identifiable information. If you believe your account credentials have been compromised, we recommend that you immediately change your password or activate Google 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). Dazzle Technologies Ltd currently retains all user and business data while you are user of Dazzle Technologies Ltd online services. We keep your data for a period of 12 months after you stop using any of our services.
You can request an immediate deletion of all your data by contacting our Data 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 data breach of this website’s database or the database(s) of any of our third party data processors to any and all relevant persons and authorities within 72 hours of the breach if it is apparent that personal data stored in an identifiable manner has been stolen.