Terms of Service
1. Your Agreement with Dizputed
1.1 Acceptance of Terms
By downloading, installing, or using the Dizputed Software, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you must not use the Software.
1.2 Changes to the Agreement
We reserve the right to modify or replace this Agreement at any time. Any changes will be effective immediately upon posting the updated Agreement. Your continued use of the Software after such changes constitutes your acceptance of the new terms.
1.3 Choice of Law and Contracting Entity
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. If you reside outside the UK, your relationship with Dizputed with Dizputed.ltd., a company incorporated in England and Wales, and the laws of England and Wales will govern this Agreement, unless local laws require otherwise.
2. Grant of License
2.1 License Grant
Dizputed (“We,” “Us,” or “Our”) grants you (“You” or “Licensee”) a non-exclusive, non-transferable, revocable licence to use the Software solely for your personal or internal business purposes in accordance with the terms of this Agreement.
2.2 Scope of License
Installation: You may install and use the Software on one device. Additional licences are required for multiple installations.
Usage: The Software may be used solely for lawful purposes and in compliance with all applicable laws and regulations in the UK and Europe.
3. Restrictions
You agree not to:
3.1 Modify, translate, or create derivative works based on the Software.
3.2 Reverse engineer, decompile, or disassemble the Software.
3.3 Rent, lease, lend, sell, redistribute, or sublicense the Software.
3.4 Remove, alter, or obscure any proprietary notices or labels on the Software.
3.5 Use the Software in any manner that could damage, disable, overburden, or impair the Software or interfere with any other party’s use and enjoyment of the Software.
4. Intellectual Property Rights
4.1 Ownership
The Software is licensed, not sold. We retain all rights, title, and interest in and to the Software, including all intellectual property rights.
4.2 Feedback
Any feedback, suggestions, or ideas you provide regarding the Software are voluntary and will be deemed non-confidential and non-proprietary. We may use such feedback without any obligation to you.
5. Your Content
5.1 Definitions
Content: Any text, information, communication, or material (such as audio files, video files, electronic documents, or images) that you upload, import, embed for use by, or create using the Software.
5.2 Ownership
You retain all rights and ownership of your Content. We do not claim any ownership rights to your Content.
5.3 Licences to Your Content
5.3.1 Licence to Operate the Software
Solely for the purpose of operating the Software on your behalf, you grant us a non-exclusive, worldwide, royalty-free licence to:
Reproduce your Content as necessary to provide the Software’s functionality.
Distribute your Content as directed by you within the Software.
Create derivative works based on your Content as directed by you.
Publicly display and perform your Content as directed by you.
5.3.2 Licence to Improve Services
Solely for the purpose of internal analysis to improve our Services and Software, you grant us a non-exclusive, worldwide, royalty-free licence to:
Reproduce your Content for analysis.
Create derivative works based on your Content for analysis.
Sublicense the foregoing rights to third parties acting on our behalf for analysis purposes.
Opt-Out: You have the right to opt out of us performing Content Analytics using your Content by adjusting your settings within the Software.
5.4 Sharing Your Content
Sharing: You may share your Content with other users through the Software. You are responsible for ensuring that shared Content complies with this Agreement.
Level of Access: We do not monitor or control what others do with your Content. You are responsible for setting appropriate access levels.
Comments: Any comments you submit through the Software are not anonymous and may be viewed by other users. Comments may be deleted by you or by us at any time.
Removing Your Content: If you delete Content from the Software, we will stop making that Content publicly available within a reasonable amount of time. Some copies may be retained for backup purposes.
5.5 Content Removals and Appeals
If we remove your Content for violating this Agreement, we will inform you via the email address you provided. If you believe your Content was removed in error, you may submit an appeal through our support channels.
5.6 User’s Sole Responsibility for Content
Representation and Warranty: You represent and warrant that you have all necessary rights, permissions, and authority to upload, use, and share any Content within the Software.
User Liability: You agree that you are solely responsible for all Content you upload or share. You shall indemnify and hold Dizputed completely harmless from any claims, damages, or legal actions arising from your Content.
Right to Use: By uploading or creating Content in the Software, you confirm that you have all rights to do so, and that you are not infringing or violating any third-party rights.
6. Account Terms
6.1 Account Registration
To access certain features of the Software, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.
6.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorised use of your account.
6.3 Account Termination
We reserve the right to suspend or terminate your account if you violate this Agreement or engage in any unlawful activity.
6.4 Account Deactivation and Appeals
If you believe your account has been deactivated in error, you may submit an appeal by contacting our support team.
7. User Conduct
You agree to use the Software responsibly and not engage in any activities that could harm the Software, other users, or Dizputed. Prohibited activities include, but are not limited to:
Using the Software for unlawful purposes.
Attempting to gain unauthorised access to the Software.
Uploading or sharing malicious content.
Impersonating others or misrepresenting your affiliation.
Engaging in harassment, hate speech, or other abusive behaviour.
7.2 API Licence and Restrictions
Access to the Gmail API: Your use of the Gmail API is subject to Google’s own terms and guidelines. You must comply with those requirements as well as these Terms.
Usage Scope: Use of the API is permitted solely for lawful purposes. You may not use the API to send unsolicited emails, spam, or engage in any abusive practices.
8. Fees and Payment
8.1 Subscription Fees
Access to certain features of the Software may require a paid subscription. Subscription fees are non-refundable except as required by law.
8.2 Payment Methods
We accept various payment methods as listed on our website. You authorise us to charge your chosen payment method for any applicable fees.
8.3 Taxes
You are responsible for paying any applicable taxes related to your use of the Software.
9. Termination
9.1 Termination by You
You may terminate this Agreement at any time by uninstalling and destroying all copies of the Software.
9.2 Termination by Us
We may terminate this Agreement immediately without notice if you fail to comply with any term of this Agreement.
9.3 Effect of Termination
Upon termination, you must cease all use of the Software and destroy all copies in your possession. Termination does not affect any rights or obligations that have accrued prior to termination.
9.4 Survival
Provisions related to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution shall survive termination of this Agreement.
10. Limitation of Liability
10.1 No Warranty
The Software is provided “as is” without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
10.2 Limitation
In no event shall Dizputed be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use the Software, even if we have been advised of the possibility of such damages.
10.3 Maximum Liability
Our total liability under this Agreement shall not exceed the amount you paid for the Software.
11. Indemnification
You agree to indemnify, defend, and hold harmless Dizputed, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:
11.1 Your use of the Software.
11.2 Your violation of any term of this Agreement.
11.3 Your violation of any rights of a third party, including intellectual property rights.
11.4 Any issues stemming from your Content, including but not limited to infringement of third-party rights or misuse of personal data.
12. Governing Law and Dispute Resolution
12.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.
12.2 Dispute Resolution
12.2.1 Negotiation
In the event of any dispute arising out of or relating to this Agreement, the parties shall first attempt to resolve the dispute through good faith negotiations.
12.2.2 Arbitration
If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration under the rules of the London Court of International Arbitration (LCIA). The arbitration shall be conducted in London, United Kingdom, and the language of the arbitration shall be English.
12.2.3 Class Action Waiver
You agree to resolve disputes with Dizputed on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative action or proceeding.
13. Privacy
13.1 Privacy Policy
Your use of the Software is also governed by our Privacy Policy, which can be found on our website.
13.2 Data Protection
We comply with the General Data Protection Regulation (GDPR) and any other applicable data protection laws in the UK and Europe. By using the Software, you consent to the processing of your personal data as described in our Privacy Policy.
14. Export Control
You agree to comply with all applicable export laws and regulations regarding the Software. You may not export or re-export the Software in violation of these laws.
15. Third-Party Services
The Software may integrate with third-party services. Your use of these services is subject to the third party’s own terms and conditions. We are not responsible for any third-party services accessed through the Software.
16. No Assignment
You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign or transfer our rights without your consent.
17. Force Majeure
Neither party shall be liable for any failure to perform due to causes beyond their reasonable control, including but not limited to acts of God, war, terrorism, labour disputes, or governmental actions.
18. Miscellaneous
18.1 Headings
Headings in this Agreement are for reference purposes only and do not affect the interpretation of the Agreement.
18.2 Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
18.3 Entire Agreement
This Agreement constitutes the entire agreement between you and Dizputed regarding the use of the Software and supersedes all prior agreements and understandings.
18.4 No Waiver
Our failure to enforce any provision of this Agreement does not constitute a waiver of that provision.
18.5 Contact Information
If you have any questions about this Agreement, please contact us at:
Dizputed
Email: support@dizputed.com
Address: 3 Park Lane, London, UK, HA9 7FN
BY INSTALLING, COPYING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
19. Additional Provisions for Comprehensive Coverage
19.1 Audit Rights
We reserve the right to verify that your use of the Software is in compliance with this Agreement. If you are a business user, we may, no more than once every twelve (12) months, upon at least seven (7) days’ prior notice to you, appoint our personnel or an independent third-party auditor to inspect your records, systems, and facilities to verify compliance with your licence terms.
19.2 Software Updates and Availability
Updates: We may provide updates, upgrades, or enhancements to the Software from time to time. These updates may be subject to additional terms, which will be provided to you at the time of the update.
Availability: We strive to make the Software available worldwide, but access to certain features or services may be restricted based on your location. It is your responsibility to ensure that your use of the Software complies with local laws and regulations.
19.3 Export Control Compliance
You agree to comply with all applicable export laws and regulations of the UK and other jurisdictions that govern the import, export, and use of the Software. You may not export or re-export the Software or any related materials without prior written approval from Dizputed.
19.4 Third-Party Software Notices
The Software may include third-party software components. Your use of these components is subject to the respective third-party licences. We are not responsible for third-party software included in the Software.
19.5 Trade Sanctions
You agree not to use the Software in violation of any applicable trade sanctions or embargoes. You warrant that you are not located in, under the control of, or a national or resident of any country to which the UK has issued trade sanctions or embargoes.
19.6 Australian Consumer Law
If applicable based on your user base, include clauses ensuring compliance with Australian Consumer Law.
19.7 Feedback
When you provide feedback to us, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, and distribute such feedback for any purpose without compensation to you.
19.8 Indemnification Procedures
In the event of a claim requiring indemnification, you agree to notify us promptly in writing. We reserve the right to control the defence and settlement of any such claim, and you agree to cooperate fully with our defence.
19.9 AI Tools Disclaimer
Use of AI: The Software may incorporate artificial intelligence or machine-learning features that generate or transform content (“AI Tools”).
Potential Errors: AI Tools may produce inaccurate, incomplete, or otherwise misleading results. You agree that it is solely your responsibility to review and verify the accuracy and suitability of any AI-generated output.
User’s Responsibility: You remain entirely responsible for any actions taken based on the AI Tools’ output, including any Content you publish, share, or rely on.
No Liability: We provide AI Tools “as is” and disclaim all warranties related to their performance. Dizputed, its affiliates, and its personnel shall not be liable for any damages or losses arising from the use of AI-generated content or any reliance on such content.