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Terms of Service
DandyDialer Website Terms & Conditions Business Use Only Last Updated: July 7, 2023 These Website Terms & Conditions (“Terms”) govern access to and use of the DandyDialer website (the “Site”). The Site is owned and operated by Hammock Lab Ltd., doing business as DandyDialer (“DandyDialer,” “we,” “us,” or “our”). By accessing or using the Site, you agree to be legally bound by these Terms. If you do not agree, you must not access or use the Site. 1. Business Use Only / No Consumers 1.1 B2B-Only Use The Site and Site Offerings are intended exclusively for business users. By using the Site, you represent and warrant that you are acting in the course of your trade, business, craft, or profession. 1.2 No Consumer Use The Site is not intended for consumers. You acknowledge and agree that you are not a “consumer” for purposes of the Consumer Rights Act 2015 or any other consumer protection legislation. 2. Scope of Agreement These Terms govern your use of: the Site; and any features, content, or functionality made available through the Site (the “Site Offerings”). These Terms do not govern your use of DandyDialer’s paid software or services (the “Services”). Use of the Services is governed exclusively by separate written agreements, including but not limited to: the Master Services Agreement (“MSA”); the End User License Agreement (“EULA”); and applicable order forms or statements of work (collectively, the “Services Agreements”). In the event of conflict, the Services Agreements shall prevail with respect to the Services. 3. Eligibility You may use the Site only if: you are at least 18 years old; and you have authority to bind a legal entity to this Agreement. You are responsible for ensuring that all persons accessing the Site on your behalf comply with these Terms. 4. Description of the Site The Site provides: general information about DandyDialer and its Services; demo and contact request functionality; customer support links; and marketing and informational content. Submission of contact or demo request forms may require you to provide certain information, including business contact details (“Registration Data”). You consent to being contacted by DandyDialer in connection with your inquiry. 5. Licence to Use the Site Subject to these Terms, DandyDialer grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for lawful internal business purposes. You must not: copy, reproduce, distribute, or exploit the Site or its content; reverse engineer or attempt to extract source code; scrape, harvest, or extract data using automated means; interfere with Site security or infrastructure; or use the Site in violation of applicable law. All rights not expressly granted are reserved. 6. Intellectual Property All intellectual property rights in the Site, including software, content, trademarks, designs, and branding, are owned by or licensed to DandyDialer. Nothing in these Terms transfers ownership of any intellectual property rights to you. “DandyDialer” and related marks are trademarks of Hammock Lab Ltd. 7. Changes to the Site We may modify, suspend, or discontinue any part of the Site or Site Offerings at any time without liability. 8. Indemnity You shall indemnify and hold harmless DandyDialer and its officers, directors, employees, affiliates, and agents from and against all losses, claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with: your use of the Site; your breach of these Terms; or any claim made by a third party relating to your use of the Site. 9. Disclaimer of Warranties The Site and Site Offerings are provided “as is” and “as available”, without warranties of any kind, whether express or implied. To the maximum extent permitted by law, DandyDialer disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, accuracy, availability, and non-infringement. DandyDialer does not warrant that: the Site will be uninterrupted or error-free; information on the Site is complete or current; or use of the Site will meet your business requirements. 10. Limitation of Liability (B2B) 10.1 Excluded Losses To the maximum extent permitted by law, DandyDialer shall not be liable for: loss of profits, revenue, or business; loss of data; loss of goodwill; or any indirect or consequential loss. 10.2 Liability Cap DandyDialer’s total aggregate liability arising out of or in connection with these Terms or the Site shall not exceed £500. 10.3 Non-Excludable Liability Nothing in these Terms excludes liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot be excluded under English law. 11. Third-Party Websites The Site may contain links to third-party websites. DandyDialer is not responsible for the content, terms, or practices of any third party and does not endorse them. 12. Privacy and Data Protection Use of the Site is subject to our Privacy Policy. Where personal data is processed, it is handled in accordance with UK GDPR and applicable data protection laws. 13. Prohibited Conduct You must not attempt to damage, disrupt, or interfere with the Site or its operation. Unauthorised access or misuse may result in civil and criminal liability. 14. Governing Law and Jurisdiction (B2B) This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction. Nothing limits DandyDialer’s right to seek injunctive or equitable relief in any court of competent jurisdiction. 15. Miscellaneous If any provision is held unenforceable, the remainder shall remain in effect. No waiver shall be effective unless in writing. This Agreement does not create a partnership, agency, or joint venture. These Terms constitute the entire agreement relating to the Site.