Last Updated: March 10, 2019
Welcome to the services and products provided by Dough Labs Inc. ("Dough", "us", "we", or "our"). These Terms of Service (“Terms,” “Terms of Service,” “Agreement”) apply to (i) Dough’s CRM Service (the “Subscription Service”), which includes the web interface for accessing and using the Subscription Service, including all content provided therein (e.g., scripts), (ii) Dough’s website hosted at doughcrm.com and (iii) other products and services offered by Dough ((i)-(iii), the “Services”).
Before accessing, registering, and/or using the Services, please read these Terms carefully because they constitute a legal agreement between Dough and you, including the sections titled "DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY" and "DISPUTE RESOLUTION AND ARBITRATION AND CLASS ACTION WAIVER" which limit our liability to you and affect your rights regarding how disputes are resolved.
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms, and by accessing or using the Service you are entering into a legally binding contract with Dough. If you disagree with any part of the Terms then you do not have permission to access the Services and must immediately cease use of the Services.
The Services are solely for access and use by you. By using or accessing any Service, you represent and warrant that you (a) have the right, authority, and capacity to be bound by these Terms and (b) will abide by all of the terms and conditions of these Terms. If you have agreed to become a paying customer for the Services, then your eligibility to use the Services shall be contingent on your continued compliance with these Terms and any terms and conditions presented and accepted by you while using the Services. If you have not agreed to become a paying customer for the Services, your use of the Services is still subject to these Terms.
Changes to the Terms of Use
You acknowledge and agree that we may modify these Terms at any time, in our sole discretion. We will notify you of any changes by posting the revised version of our Terms to this webpage. You should revisit these Terms on a regular basis so that you are aware of any changes made to these Terms since your last visit. If you have not purchased our Subscription Service, the changes will be effective immediately. However, if you have purchased and paid to use our Subscription Service, the changes will become effective at the end of the then-current Billing Cycle (defined below). You agree that your use of the Services after the date on which any changes become effective will constitute your acceptance of such modifications.
Eligibility & Your Dough Account
To access or use the Services, you must be at least 18 years of age or older. If you are using the Services on behalf of a company or other entity, you represent that you are authorized to legally bind that entity to these Terms of Use.
In order to use the Subscription Service, you may be required to establish an account ("Account"). You agree to provide accurate and complete information when you register with, and as you use, the Subscription Service ("Account Information"), and you agree to keep your Account Information accurate, complete and current at all times.
Don’t reveal your Account Information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Dough of any security breach of your Account. Dough will not be responsible for any losses arising out of the unauthorized use of your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Subscription Services
The Subscription Service is a cloud-based customer relationship management software service offered to you by Dough on a subscription basis (“Subscription”) for a fee. For the applicable term of your Subscription and subject to your payment of all applicable fees and compliance with this Agreement and any other terms and conditions presented to and accepted by you while using the Services, Dough hereby grants you a non-sublicensable, non-transferable, non-exclusive right to access and use the Subscription Service.
Billing and Payment
The Subscription Service is billed on a subscription basis. You will be billed in advance on a recurring and periodic basis ("Billing Cycle") at Dough’s then-current pricing. The length of your billing cycle will depend on the length of the initial Subscription that you purchase. Fees are quoted and payable in United States dollars. See www.doughcrm.com for more information, including Dough’s current pricing.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Dough cancels it prior to the next Billing Cycle. You may change or cancel your Subscription renewal preferences by contacting us at support@doughcrm.com prior to the end of the then-current Billing Cycle.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Dough with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment information. By submitting such payment information, you automatically authorize Dough to charge all Subscription fees incurred through your account to such payment method. We reserve the right to suspend or terminate your Account and/or access to the Subscription Service in the case of any late payment.
Dough uses a third-party service provider to manage credit card processing, and your credit card information is transmitted directly to the third-party service. This third-party processing service is not permitted to store, retain, or use your billing information except as necessary to process your credit card information for current or future purchases through Dough. Your full credit card number is never transmitted to or viewed by anyone at Dough (however, we may be given and may print a portion of your credit card information on your receipt to let you know what credit card you used to make a purchase).
Fee Changes
Dough, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of your then-current Billing Cycle. Dough will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Cancellation and Refunds
Any cancellation of your Subscription will be effective as of the last day of the current Billing Cycle in which Dough is notified of the cancellation. Except when required by law or as expressly otherwise set forth in this Terms, payment obligations are non-cancellable and fees paid are non-refundable under any circumstances, regardless of your use or non-use and/or any other factor affecting your ability to make use of the Services.
Free Trial
Dough may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Dough Labs Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless previously you cancelled your Subscription by contacting us at support@doughcrm.com, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Dough reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Service Usage Terms
When using the Services, you agree to abide by common standards of etiquette and act in accordance with the law. For example and without limitation, you agree:
The foregoing list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your Account and your ability use the Services with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Services. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on or through the Services or on the Internet.
Your Content
Our Service allows you to submit, post, link, store, share and otherwise make available certain information (including the contact information or other information of any individual), text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) the Content is accurate, (iii) the Content is not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and (iv) the Content does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." We reserve the right to terminate the Account of anyone found to be in breach of the foregoing, and you agree to indemnify Dough all claims resulting from Content you supply.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. By posting Content using the Service you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media (including the right for Dough to use the name that you submit in connection with such Content, if it chooses); provided, however, your personal information and that of any individual you submit to the Subscription Service will at all times be used in accordance with Dough’s Privacy Policy and will not be sold or otherwise disclosed in violation thereof.
Dough reserves the right but not the obligation to monitor, edit and remove all Content provided by users. Dough takes no responsibility and assumes no liability for any Content posted by you or third parties.
Third Party Content and Links
The Services may contain links to certain Internet websites ("third party websites") or other content ("third party content") developed, sponsored or maintained by third parties unaffiliated with us. Should you leave the Services using such a link, the content on the third party website you are viewing is third party content and is not provided or controlled by us. In other instances, we may embed or otherwise incorporate third party content in portions of the Services. When we do this, we will indicate to you that the information is coming from a third party and not from us. All of this information is third party content and is also not provided or controlled by us.
We have not developed, checked for accuracy or otherwise reviewed the content of any third party content or privacy policy of any third party website that we may embed or link to. Additionally, third party content could be offensive, indecent or objectionable. By providing access to third party content or third party websites, we are not recommending, endorsing or sponsoring any aspect of those websites. We are merely doing this as a convenience to our users. As such, we make no promises to you regarding any third party websites or any third party content accessible on or from the Services. You acknowledge and agree that Dough shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
Intellectual Property
As between, you and Dough, Dough reserves all rights, title and license in and to (i) the Services, (ii) all technology and Content (excluding Content submitted by you to the Services) supplied by Dough in connection with, or used by Dough or its subcontractors in providing the Services and (iii) all patent, copyright, trade secret, trademark or other intellectual property rights and all intellectual property rights embodied in or related to any of the foregoing.
The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without Dough’s prior written consent.
In addition, you may not distribute, modify, transmit, reuse, download, repost, copy, or use any Content (excluding Content submitted by you to the Services), whether in whole or in part, without Dough’s prior written consent.
DMCA Copyright Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Dough’s DMCA Copyright Agent with the following written information:
Please note that this procedure is exclusively for notifying Dough that your copyrighted material has been infringed.
Dough’s DMCA Copyright Agent can be reached using the following contact information:
Dough Labs Inc. Attn: DMCA Copyright Agent P.O. Box 425858, San Francisco, CA 94142 Phone: 415-690-8730 Email: copyright@doughcrm.com
Feedback & Idea Submission Policy
Product Feedback
If you want to send us your feedback we ask that you send it to support@doughcrm.com and provide us only with specific feedback on Dough’s existing products and services; however, do not include any ideas, suggestions or materials that our Idea Submission Policy will not permit us to accept or consider. Any feedback you provide to us shall be deemed non-confidential, and Dough shall be free to use such information on an unrestricted basis.
Idea Submission Policy
It’s Dough’s policy not to accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, source code, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works in any form (“submissions”) to us or to any of our employees. The purpose of this policy is to avoid potential misunderstandings or disputes when Dough’s products or other aspects of our business might seem similar to ideas submitted to us. If you send us your ideas, despite our policy, then regardless of what your letter says, you agree to the following terms:
Privacy Policy
Your use of the Services, including any information you submit or post to the Subscription Service or otherwise provide to us, is governed by Dough’s Privacy Policy. Please take a moment to read through it.
Any information you provide to a third party (including by submitting your payment information for your Dough Subscription to our third party payment processor) will be subject to the privacy notice or any similar terms that the third party provides to you, and will not be subject to Dough’s Privacy Policy.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. We may also modify, suspend, or discontinue the Services, in whole or in part, at any time. Unless we are terminating or suspending your Account due to our good faith belief that you are in breach of these terms, we will issue you a pro rata refund of any prepaid fees for the remaining portion of the then-current Billing Cycle.
If you wish to terminate your account, please contact us by writing into support@doughcrm.com.
Upon termination of your Account by either party for any reason, Dough may delete your data permanently from its servers. You acknowledge that Dough will have no obligation to continue to hold, export or return your data. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Dough and its affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your Account; b) a breach of these Terms, or c) Content submitted by you to the Services.
Disclaimer of Warranties and Limitation Of Liability
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations below may not apply to you.
Disclaimer
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOUGH DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES TO YOU AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS, WITH RESPECT TO THE SERVICES, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, RESULTS, COMPLETENESS, CURRENTNESS, RELIABILITY, STABILITY, READINESS, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW. THERE MAY BE DELAYS, OMISSIONS ERRORS OR INACCURACIES IN THE SERVICES. DOUGH ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DOUGH BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY CONTINGENCIES BEYOND THEIR CONTROL, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOODWILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE SERVICES. IN ANY CASE, DOUGH’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU TO DOUGH IN THE MOST RECENT BILLING CYCLE.
Dispute Resolution and Arbitration and Class Action Waiver
PLEASE READ THIS SECTION (“DISPUTE RESOLUTION AND ARBITRATION PROVISION”) CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at support@doughcrm.com. This Dispute Resolution and Arbitration provision facilitates the prompt and efficient resolution of any disputes that may arise between you and us. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Dispute Resolution and Arbitration provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Dispute Resolution and Arbitration provision carefully. It provides that all Disputes between you and us shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Dispute Resolution and Arbitration provision, “we” or “us” means Dough Labs Inc., and our parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and us regarding any aspect of your relationship with us, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Dispute Resolution and Arbitration provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
WE AND YOU EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Dough Labs Inc., Attn: Legal Department, P.O. Box 425858, San Francisco, CA 94142. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST BEGIN USING ANY PORTION OF THE SERVICES AFTER THE EFFECTIVE DATE OF THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Dispute Resolution and Arbitration Provision by mailing written notification to Dough Labs Inc., Attn: Legal Department, P.O. Box 425858, San Francisco, CA 94142. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Your decision to opt-out of this Dispute Resolution and Arbitration Provision will have no adverse effect on your relationship with us. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Procedures
If this Dispute Resolution and Arbitration provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Dispute Resolution and Arbitration Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Dispute Resolution and Arbitration Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or we may initiate arbitration in either San Francisco County, CA or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, we may transfer the arbitration to San Francisco County, CA in the event that we agree to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – We will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Dispute Resolution and Arbitration provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Dispute Resolution and Arbitration provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Severability
If any clause within this Dispute Resolution and Arbitration provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Dispute Resolution and Arbitration provision, and the remainder of this Dispute Resolution and Arbitration provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Dispute Resolution and Arbitration provision will be unenforceable and the Dispute will be decided by a court.
Continuation
This Dispute Resolution and Arbitration Provision shall survive the termination of these Terms. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Dispute Resolution and Arbitration provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Dispute Resolution and Arbitration provision if a dispute between us arises.
EU/EEA and Switzerland Data Processing
To the extent that Dough processes any Personal Data (as defined in the Dough Data Processing Agreement) as part of the data you submit to or collect via the Subscription Service (“Customer Data”) that is subject to the General Data Protection Regulation (the “GDPR”), on your behalf, in the provision of the services hereunder, the terms of Dough’s Data Processing Agreement, which are hereby incorporated by reference, shall apply. For customers that are located in the European Union or the European Economic Area, the Standard Contractual Clauses adopted by the European Commission, attached to the Data Processing Agreement, with Dough Labs Inc., which provide adequate safeguards with respect to the personal data processed by us under this Agreement and pursuant to the provisions of our Data Processing Agreement apply. You acknowledge in all cases that Dough acts as the data processor of Customer Data and you are the data controller of Customer Data under applicable data protection regulations in the European Union and European Economic Area. You will obtain and maintain any required consents necessary to permit the processing of Customer Data under this Agreement.
General Terms
We reserve the right to enforce these Terms of Use, including by terminating access to the Services. If we do not enforce any part of our Terms of Use, that does not mean that we waive our right to do so.
Please note that these Terms are governed by the laws of the State of California, without regard to principles of the conflicts of law, and may not be modified except as expressly stated herein. Except for Disputes subject to arbitration as described above, any dispute arising out of or relating in any way to these Terms will be adjudicated in any state or federal court in San Francisco County, California, U.S.A., and you consent to exclusive jurisdiction and venue in such courts.
You will use the Services in compliance with all applicable laws. In addition, you will comply with all applicable export and re-export restrictions and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any software included in the Services to a prohibited country or otherwise in violation of any such restrictions or regulations. In particular, but without limitation, no portion of the Services may be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
The Services is provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and/or "technical data," as defined in the U.S. Federal Acquisition Regulation and the U.S. Defense Federal Acquisition Regulation Supplement, and are being licensed to U.S. Government end users (a) only as commercial items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
These Terms are the entire agreement between us and you regarding the Services and supersedes all prior understandings regarding such subject matter. If any term or condition of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
Contact Us
If you have any questions about these Terms, please contact us at support@doughcrm.com.
