Terms of service

TERMS OF SERVICE

Last updated: December 26, 2024

1. AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and DonorDynamics ("Company," "we," "us," or "our"), concerning your access to and use of the donordynamics.net website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). By accessing the Site, you agree that you have read, understood, and agreed to be bound by all of these Terms of Service.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Service; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means; (4) you will not use the Site for any illegal or unauthorised purpose; and (5) your use of the Site will not violate any applicable law or regulation.

4. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • Other payment methods as displayed at checkout

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros (EUR).

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order.

6. RETURN AND REFUND POLICY

Please review our Return Policy posted on this Site prior to making any purchases. Our Return Policy is incorporated into these Terms of Service by reference.

7. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission from us
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means
  • Circumvent, disable, or otherwise interfere with security-related features of the Site
  • Engage in unauthorized framing of or linking to the Site
  • Trick, defraud, or mislead us and other users
  • Make improper use of our support services or submit false reports of abuse or misconduct
  • Engage in any automated use of the system
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
  • Attempt to impersonate another user or person or use the username of another user
  • Use any information obtained from the Site in order to harass, abuse, or harm another person
  • Use the Site as part of any effort to compete with us or otherwise use the Site for any revenue-generating endeavor or commercial enterprise
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you
  • Delete the copyright or other proprietary rights notice from any Content
  • Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use of the Site
  • Use the Site in a manner inconsistent with any applicable laws or regulations

8. SHIPPING AND DELIVERY

Please refer to our Shipping Policy for detailed information about shipping times, costs, and procedures. Our Shipping Policy is incorporated into these Terms of Service by reference.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.

11. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

12. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

13. MISCELLANEOUS

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

14. GOVERNING LAW

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the Netherlands applicable to agreements made and to be entirely performed within the Netherlands, without regard to its conflict of law principles.

15. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the courts of the Netherlands, and the parties hereby consent to, and waive all defenses of lack of personal