terms of use | doom solutions

Effective Date: Sept 1, 2022

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Preamble
These Terms of Use (“Terms”) are a legal agreement between you and Doom Solution LLC, a California limited liability company (“Doom,” “we,” “us,” or “our”), that governs your access to and use of our websites, products, and services (“Applications”). The Applications are based in the United States. If you use our Applications outside of the United States, you are responsible for compliance with all local laws. Your access to and use of our Applications is conditioned on your acceptance of these Terms. If you do not agree with these Terms, you should immediately cease use of our Applications.

Additional Terms
Our Applications are licensed, not sold, to you, and may also be subject to one or more additional terms. If there is a conflict between these Terms and the additional terms, the additional terms govern in relation to that Application.

Privacy Policy
Please review our Privacy Policy, which is part of these Terms. The Privacy Policy describes how we collect and handle any personal information gathered from users of our Applications. By accessing or using our Applications, you expressly consent to the collection, use, storage, processing, and disclosure of your personal information in accordance with our Privacy Policy.

Refund Policy
Our Applications are functional and try-before-you-buy. We provide free trial periods to let you evaluate our Applications before you commit to making a purchase. Use the trial period to ensure that our Applications meet your needs and are compatible with your devices.

When you purchase a license for one of our Applications, a unique license key will be created. ONCE YOUR LICENSE KEY HAS BEEN ACTIVATED ON OUR SERVER, NO REFUNDS WILL BE GIVEN. We maintain this policy because it is impossible to return an activated version of an Application. During your trial period, our support staff, online knowledge base, and user community are available to assist you in installation, configuration, and usage. We strongly recommend that you download, install, and test the trial version of our Applications prior to making a purchase.

Conditions for a refund request:

You have not activated your license key with our server; and
You initiate the refund request in writing by contacting customer support within the first 7 days of the original purchase for a monthly subscription or within the first 30 days of the original purchase for an annual subscription; and
You agree to destroy your license key and not transfer it nor attempt to activate it.

We are not responsible for covering any difference in exchange rates between the date of purchase and the time you are refunded.

We cannot grant refunds after the first 30 days. We cannot grant refunds on renewal payments. Prior to the renewal date, we will attempt to send a reminder email to the address provided during checkout. This is your opportunity to cancel your subscription before the renewal payment is automatically processed.

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. If you do not agree with or fully accept the terms of this Refund Policy Section, we ask that you do not place an order with us.

Subscription Terms
For products purchased with a subscription period (i.e., monthly or annual), your subscription will renew automatically until it is cancelled. Prior to the renewal date, we will attempt to send a reminder email to the address provided during checkout. You must cancel your subscription before it renews to avoid billing of subscription fees for the renewal term.

Subscription Cancellation/Termination. You can cancel/terminate your subscription at any time by signing into your account on our website. Alternatively, you may contact customer support for assistance. Upon cancellation of your subscription, the activated license key will remain active until the end of your contracted term. Cancellation of a subscription does not initiate a refund.

Monthly Subscription Terms. Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew each month until you cancel. You authorize us or our payment processor to store your payment method(s) and to automatically charge your preferred payment method every month until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes such as VAT or GST if the rate does not include it, every month upon renewal until you cancel.

We may change your plan’s rate at the beginning of each monthly renewal term, and we will attempt to notify you of any rate change with the option to cancel. If the applicable VAT or GST rate or other included tax or duty changes during your one-month term, we will accordingly adjust the tax-inclusive price for your plan on your next billing date.

If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided a backup payment method, and you fail to provide payment, or if all payment methods in your account fail, we may suspend or cancel your subscription. You can edit your payment information by signing into your account on our website.

Annual Subscription Terms. Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew on your annual renewal date until you cancel. You authorize us or our payment processor to store your payment method(s) and to automatically charge your preferred payment method every year until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes such as VAT or GST if the rate does not include it, every year upon renewal until you cancel.

We may change your plan’s rate at the beginning of each annual renewal term, and we will attempt to notify you of any rate change with the option to cancel. If the applicable VAT or GST rate or other included tax or duty changes during your one-year term, we will accordingly adjust the tax-inclusive price for your plan on your next billing date.

Software Requirements
Our Applications may require third-party software that is licensed separately (e.g., FileMaker is sold by Claris International Inc.). You are responsible for confirming that you possess all necessary software to use our Applications.

Availability
Doom does not guarantee availability of our Applications and you may access our Applications if and when they are available. Our Applications may occasionally be down for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all Applications at any time and without notice.

Your Responsibilities
You agree that we may attribute all use of your username and password to you and that you are responsible for all activities that occur under your username and password. You must notify us immediately if you suspect any unauthorized use of your account or any other breach of security.

You are responsible for the software, hardware, and internet service needed to access and use our Applications. You are solely responsible for any and all data charges and other fees related to use of our Applications.

You represent and warrant that you are at least the age of legal majority in your jurisdiction and have the right, authority, and capacity to accept and agree to these Terms. If you are under age 16 or are otherwise unable to accept and agree to these Terms, you may not use or access our Applications. If we discover or have any reason to suspect that you are not at least 16 years of age or unable to accept and agree to these Terms, we reserve the right to suspend or terminate your access to our Applications immediately and without notice.

Support
We provide support via email only. We do not guarantee a specific response time and we do not provide a service level agreement. We endeavor to respond to email inquiries within 72 hours and provide excellent customer service, but we reserve the right to immediately terminate service if a user is insulting, threatening, or abusive to our support team, or violates these Terms. We do not provide support for issues that are not directly related to our Applications.

Feedback
You agree that if you provide us with any suggestions, comments, or other feedback about our Applications (“Feedback”), the Feedback is given voluntarily and we are free to use, disclose, reproduce, distribute, and otherwise exploit the Feedback without any obligations to you or restrictions of any kind.

Intellectual Property Rights
Subject to your compliance with these Terms, we grant you a limited, non-transferable, non-sublicensable, non-exclusive right to use our Applications. Any breach of these Terms will result in the immediate revocation of the license granted in this paragraph. You agree not to copy, distribute, or resell our Applications. You agree to comply with all applicable laws relating to your use of our Applications. You agree to use our Applications only as expressly permitted in these Terms. You agree not to otherwise disassemble, decompile, or reverse engineer any portion of our Applications. You agree not to circumvent, disable, or otherwise interfere with security related features of our Applications or their features that prevent or restrict use or copying of any content or enforce limitations on use of our Applications. You may not use our Applications for any illegal purpose.

You agree not to perform unauthorized scans of our network including: scans of our infrastructure or servers; scans of our cloud providers or cloud services; scans of our systems at any layer of the Open Systems Interconnection including packet level and application layer scans; sending malformed or malicious packets to our network, servers, infrastructure or Applications; and sending Application requests that are malformed or malicious to our network, servers, infrastructure, or Applications.

You agree not to use our Applications in any way that would interfere with or disrupt the operation of our Applications or the networks or servers connected to our Applications in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity (including Doom); to upload, post, or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; or to harass or otherwise harm any other person or entity. Any unauthorized use of our Applications may result in termination of all rights to use our Applications and may be subject to legal action.

Doom and its affiliates, licensors, and suppliers own all right, title, and interest (including intellectual property rights) in our Applications and reserve all rights not expressly granted to you in these Terms. Our Applications are protected by copyright and other intellectual property laws. Doom’s logos and trademarks referenced and used in our Applications are the trademarks of Doom and its licensors. Any other company names, product names, service names, and logos referenced in our Applications may be the trademarks of their respective owners.

Third-Party Products, Services, Websites, and Links
Doom does not endorse or sponsor any third-party products or services, and we have no control over such products or services. We are not responsible for any malfunction or error attributable to your use of a third-party product or service. Our Applications may contain links to third-party websites, but we do not endorse or sponsor any linked websites, or the information, products, or services contained on any linked websites, and we have no control over any linked websites or their content. All linked websites are governed by their own terms of use and privacy policies, which you should review.

User Content
Users may be permitted to post or submit comments, statements, or other information to us or our Applications (“User Content”). All User Content or other content posted by users reflect the views of the individual contributors and do not reflect the views of Doom. You grant to Doom and all members of the public who have access to User Content on or through our Applications a worldwide, royalty-free, perpetual, fully-paid, sublicensable, transferable, and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content you make available through our Applications and to publish your name and other information about you in connection with that User Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of your User Content will not violate any law. You must not provide any User Content that infringes others’ copyrights or other intellectual property or privacy rights, and if you do, you are breaching this contract. You are solely responsible for all content you provide to us or make available through our Applications. We take no responsibility and assume no liability for any material posted by you or any third party. We reserve the right to remove User Content from our Applications that is offensive, repetitive, acts as advertisements, or poses a risk to anyone or our Applications.

Copyright Infringement
We respect the intellectual property rights of third parties. If you believe that your work has been used in our Applications in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (“Notification”).

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material is infringing, we suggest that you contact an attorney prior to sending notice.

Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR APPLICATIONS ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. WE OR OUR AFFILIATES AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR APPLICATIONS: (A) WILL MEET YOUR NEEDS OR EXPECTATIONS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, NOR DO WE WARRANT THAT ANY DEFECTS OR ERRORS WITH THE SERVICE WILL BE CORRECTED.

Disclaimer of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS; LOSS OR CORRUPTION OF DATA OR OTHER INFORMATION; OR ANY OTHER LOSS OR ANY KIND, WHETHER FORESEEABLE OR NOT, BASED ON, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH OUR APPLICATIONS OR THESE TERMS, EVEN IF WE OR ANY OF OUR AFFILIATES, SUPPLIERS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability and Exclusive Remedy
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER THE DISCLAIMER OF WARRANTIES OR DISCLAIMER OF CERTAIN DAMAGES SECTIONS, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR OUR APPLICATIONS WILL NOT EXCEED THE MONIES PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE RELEVANT CLAIM OR USD $10, WHICHEVER IS GREATER. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

Independent Remedies
The Disclaimer of Certain Damages Section is independent of your exclusive remedy in the Limitation of Liability and Exclusive Remedy Section, and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability above apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

Indemnity
You agree to defend, indemnify and hold harmless Doom, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Applications, including any data or content transmitted or received by you; (ii) your violation of these Terms; or (iii) your violation of any third-party rights, including without limitation any privacy or intellectual property rights.

Agreement to Arbitrate; Class Action Waiver; Location of Dispute Resolution
Except as otherwise set forth in these Terms, you agree that all claims, controversies, and disputes between you and Doom, including those arising out of or related to our Applications or these Terms (each a “Dispute” and collectively the “Disputes”), shall be governed by the provisions in this Section. We hope we never have a disagreement, but if we do, you and we agree to first try and resolve it informally. You must contact us and include your name, mailing address, and phone number, and must describe the nature and basis of the Dispute, as well as set forth the specific relief sought. In the event a Dispute is not resolved within sixty (60) days after submission, you or we may institute binding arbitration by a single neutral arbitrator, provided, however, you and Doom are not precluded from asserting in small claims court any Dispute that is eligible to be brought in small claims court.

BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND DOOM ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE DISPUTES. Unless you and Doom otherwise agree, the American Arbitration Association (“AAA”) will arbitrate all Disputes and the AAA’s Consumer Arbitration Rules (but excluding AAA’s Supplemental Rules for Class Arbitration) will apply, except to the extent the provisions of the AAA Consumer Arbitration Rules are different from, conflict with, and/or are inconsistent with the terms of this Section, in which case the provisions of this Section will control and must be followed as written.

You and Doom each agree to only pursue Disputes on an individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND DOOM ARE EACH AGREEING TO FORGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OF OR MEMBER OF A CLASS. Notwithstanding any AAA rule to the contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, you and Doom each agree that any challenges to the validity or enforceability of the class action waiver in this Section will be decided by a federal court or a court of competent jurisdiction, and not by an arbitrator. If any court or arbitrator holds that the class action waiver in this Section is unenforceable, then the Dispute must be brought in a state or federal court, and not in arbitration.

If any portion of this arbitration provision other than the class action waiver will be found to be unenforceable, that portion will be severed, and the rest of this arbitration provision will remain in effect. You and Doom each agree that the location of the arbitration or court where the Dispute will be resolved will be Los Angeles County, California. You and Doom each also agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award, on an individual basis, any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys’ fees. You and Doom each are responsible for your or its respective costs relating to the arbitration.

To begin arbitration, you must contact us requesting arbitration and describing your Dispute. You and Doom each also agree that these Terms affect interstate commerce, so the Federal Arbitration Act, not state law, applies including with respect to any question of whether a Dispute is subject to arbitration (despite the choice of governing law). In accordance with the FAA, the appointed arbitrator must interpret, apply, and enforce this Section as written.

Force Majeure
We will not be liable or responsible for any failure to perform or delay in performance of any of the obligations under these Terms that is caused by an act or event beyond our reasonable control, including without limitation act of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Governing Law; Exclusive Jurisdiction; Venue
These Terms will be governed by and construed in accordance with the laws of the State of California without reference to its conflict of laws provisions. If for any reason a claim proceeds in court rather than in arbitration, you agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in Los Angeles County, California, for any and all Disputes, claims, and actions arising from or in connection with our Applications or these Terms.

Changes to These Terms
We may update these Terms from time to time to reflect changes in the law, our technology, data practices, service methods, or other factors. If we make material changes to these Terms, we will endeavor to notify you by posting the revised Terms on our website or notify you through an email address that you have provided. You acknowledge that if you do not provide us with current and accurate contact information, we may not be able to contact you.

Changes to these Terms will become effective immediately, unless otherwise noted. Your continued use of our Applications following the effective date of these changes indicates your consent to the revised policies and practices. If you object to any revisions, you should immediately cease using our Applications.

General
These Terms, together with any amendments, incorporated terms or policies, and any additional agreements you may enter into with us, will constitute the entire agreement between you and Doom. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. No waiver of any portion of these Terms will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. A waiver will only be binding on us if it is in writing and signed by us. We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in our Applications. YOU AND DOOM AGREE THAT IN NO EVENT WILL ANY CLAIM, ACTION, OR PROCEEDING BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. The Limitation of Liability, Indemnity, and Governing Law Sections of these Terms survive any termination.

How do I contact Doom?
If you have questions related to these Terms, you may reach us via our contact form.