Terms of Use

 

Last Updated: December 5, 2017

Danal, Inc. (“Danal,” “we” or “us”) has developed the following terms of use (“Terms”) to inform you how the use of (i) our Web site and social media sites (collectively, the “Site”), including the site located at https://danalinc.com/, and (ii) the Danal Mobile ID suite of services (the “Service” or the “Mobile ID Services”) are governed, whether directly or through a third-party site.

By using the Site(s), the Service, and any service, application, plug-in, component, functionality, or program created by Danal, you are agreeing to the following terms of use. Please read them carefully before using this Site or Service. Should you have any questions concerning the Terms, please contact legal@danalinc.com. By visiting and/or registering this Site and/or by using the Service, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms of use.

 

MODIFICATIONS TO THESE TERMS.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes.

If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of this Site and/or the Service. Your continued use of this Site and/or the Service following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site or Services, please contact us at: legal@danalinc.com.

 

MOBILE ID SERVICE – CONSUMER AND CUSTOMER INFORMATION

With respect to the Services, Danal provides Mobile ID Services to merchant and enterprise customers (“Merchant(s)”) that may have a need for identify verification, fraud avoidance, and related purposes or who may desire to use the Mobile ID Services to auto-fill online or mobile forms within customer applications.  To provide Mobile ID Services, Danal utilizes data or information obtained from mobile carriers and other data sources.

When you use Merchant applications or services that utilize the Mobile ID Service, subject to your having provided the required consent by the means specified by your mobile carrier or the relevant data source, the Merchant may disclose your consumer information to Danal and/or your mobile carrier or other data sources may also disclose your consumer information to Danal and the Merchant, in each case including your name, address, mobile phone attributes, and mobile phone location.  This is done for use by the Merchant, or a third party authorized by the Merchant, to verify your identity, to avoid or mitigate potential fraud, to facilitate your transaction, or for similar purposes.

Once the consumer information is provided to the Merchant, all of your consumer or personal information is then automatically deleted (or purged) from our systems.  In other words, Danal does not store or retain your information once it is processed in response to the Merchant’s request.

The terms of your use of the Merchant’s services, products or applications are governed by the terms of use, privacy policies and other policies provided or published by those Merchants.  In using the Service with a Merchant, you would have agreed to the Merchant’s privacy policies and terms of use when you provided your consent to obtain information from Danal’s Mobile ID Services or to use the Mobile ID Service.  These terms of use and other policies are normally available on the application provider’s or Merchant’s website, and they govern your transaction(s) with the Merchant and the Merchant’s use and storage of your consumer or personal information.  Danal does not have control of, and disclaims any liability for use of the data provided by Danal to its Merchants.  You should check and verify those terms and policies directly with the Danal customer using the service.

For more information on how your data may be used or stored, please see Danal’s Privacy Policy.

 

MOBILE ID SERVICE – PRODUCT DEMONSTRATIONS

Danal may engage in product demonstrations of its Mobile ID Services.  For example, you may visit us at a trade show and inquire into our services, or you may be an employee of a prospective customer that desires to see our services in action.  If you participate in a demonstration, you will be asked for consent to access and use your consumer information for the demonstration, including your mobile phone location, obtained from your mobile carrier.  In these demonstrations, you are only allowed to pull your own information using your own handset or mobile device.

When participating in a product demonstration, you agree to the following:

1. You will submit and inquire only about your own personal information, and will not attempt to access nor access the personal information of anyone other than yourself;

2. Your use of the Service will be solely for the one time use of participating in the demonstration and evaluating the Service, and will not be used for any commercial or other purpose;

3. If you are under the age of 18, you are not allowed to participate in the demonstration, and should not submit information to the Service; and

4. Before consenting to participation in the demonstration, and the use of your personal information for the purposes of the demonstration, you will have reviewed and accepted Danal’s Privacy Policy.

 

CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with Danal at one or more of the Sites, you understand that we may send you communications or data from Danal regarding the Service, including but not limited to (i) notices about your use of our Sites, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Danal’s products and services, via electronic mail.

We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the e-mail message. Users also have the opportunity to opt-out of receiving communications from us by emailing general@danalinc.com with your specific request.

 

USER CONDUCT/ACCEPTABLE USE POLICY.

Danal has the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content provided by or thorough the Sites that is available to users, and may remove or require Merchants to remove all content that Danal, in its sole discretion, deems to be (i) inconsistent with Danal’s or a mobile service provider’s strategic mission and vision (including but not limited to content that contains references to tobacco and alcohol products, controlled substances, gambling and illegal lotteries, pornography, violence or prejudicial content) and/or these Terms; or (ii) possibly in violation of applicable law.

In addition, Danal has the right to remove any content if Danal has reason to believe that displaying such content may infringe the rights of a third party or subject Danal to expense or liability. Please notify us at legal@danalinc.com of any third party that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, controlled substances, gambling or illegal lotteries, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Danal reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Danal’s response to a future complaint. You acknowledge and agree that Danal shall not assume or have any liability for any action or inaction.

Unauthorized use of the Sites or the Service, or the resale of said Sites or Service without our prior written consent, is expressly prohibited.  You shall not copy, sell, transfer, distribute, publish, or assign your license to our Site(s) or Service in any format to any third party. In addition, you may not use the Site(s) or Service in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Site(s) or Service to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Danal or others.

Additionally, Danal reserves the right, without limitation, to terminate your access to and use of the Site and Service if, in our view, your conduct fails to meet any of the following guidelines for user conduct:

1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes the Danal Site, computer systems, and network, or the Service.

2. You may not attempt to interfere with any other person’s use of the Site or Service.

3. You may not misrepresent your identity or impersonate any person.

4. You may not attempt to gain access to any account, computers or networks related to the Site or Service without authorization.

5. You may not attempt to obtain any data through any means from the Site or Service, except if we intend to provide or make it available to you.

6. You may not attempt to charge others to use the Site or Service either directly or indirectly.

7. You may not use the Site or Service for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.

8. You may not use the Site or Service to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.

9. You may not use the Site or Service to violate any code of conduct or other guidelines which may be applicable to the Service or the Site.

10. You may not use the Site or Service to harvest or otherwise collecting information about others, including e-mail addresses.

11. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Danal in connection with the Site or Service.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Danal. Danal reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Danal’s response to a future complaint. You acknowledge and agree that Danal shall not assume or have any liability for any action or inaction by Danal with respect to any user content. Users shall remain solely responsible for user content, and any material or information transmitted to other users for interaction with other users.

 

INTELLECTUAL PROPERTY RIGHTS.

Except for the licenses granted herein, you have no right, title or interest in or to Danal’s Site(s) or Service. You agree that Danal or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to Danal service and content, including, without limitation, text, images, and other multimedia data. All contents of the Danal’s Site and Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are Danal’s proprietary property, protected by copyright, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of Danal and/or its suppliers, affiliates, or licensors. All rights reserved.

 

Danal, Inc. and the Danal logo are either trademarks, service marks or registered trademarks of Danal, Inc., and may not be copied, imitated, or used, in whole or in part, without Danal’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. Danal may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Service. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

 

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Danal expressly prohibits the use of its Site(s) or Service for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Service. In addition, Danal may disable individual accounts if these accounts are found to be illegally transferring copyrighted material. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Danal’s Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the written information specified below: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

THIRD PARTY CONTENT, SITES AND SERVICES.

All transactions using the Service are between the transacting parties only. The Service may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Service. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party including, without limitation, the Merchant.

 

Similarly, we are not responsible for any third party content you access with the Service, and you irrevocably waive any claim against us with respect to such sites and third-party content. Danal shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Service, including the delivery of goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

 

PRIVACY.

Danal has established a Privacy Policy to explain to users how their information is collected and

used, which you can read on our Site. Your use of the Site or Service signifies acknowledgment of and agreement to the Danal Privacy Policy. You further acknowledge and agree that Danal may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to protect the rights, property, or personal safety of Danal, Inc., its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

 

WARRANTIES AND DISCLAIMERS.

Danal is in no way liable or otherwise accountable for loss of customer data. By using the Service, you acknowledge that you forfeit the right to hold Danal accountable for any and all technical errors, including loss of user files (customer data). Danal intends for the information contained on its Site and Service to be accurate and reliable; however, errors sometimes may occur. In addition, Danal may make changes and improvements to the information provided herein at any time.

 

DANAL PROVIDES ITS SITE AND SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DANAL, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, MOBILE SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “DANAL PARTY,” AND COLLECTIVELY, THE “DANAL PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE DANAL PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

 

LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL ANY DANAL PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SITE OR SERVICE, EVEN IF SUCH DANAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) NEGLIGENCE, OR (iv) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY DANAL, INC. PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR SERVICE.

 

In the event that, notwithstanding the foregoing disclaimers and indemnification provision contained herein, Danal is found responsible for any reason whatsoever, Danal’s responsibility shall be limited to the amounts actually paid by such user for the Service, and shall not include punitive damages or consequential or resulting damages of any nature.

 

CHANGES TO THE SERVICE AND ADDITIONAL LIABILITY LIMITATION.

 

WE MAY CHANGE THE SITE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE, THE DANAL PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (i) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (ii) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERAL NATURE, DANAL IS NOT RESPONSIBLE OR LIABLE FOR (i) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SITE AND SERVICE, (ii) ANY INCOMPATIBILITY BETWEEN THE SITE AND SERVICE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (iii) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SITE AND SERVICE IN AN ACCURATE OR TIMELY MANNER, OR (iv) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SITE AND SERVICE AVAILABLE FROM THIRD PARTIES THROUGH LINKS OR FROM MERCHANTS INCLUDING, WITHOUT LIMITATION, ANY USE, LOSS OR UNAUTHORIZED ACCESS TO ANY DATA OR INFORMATION PROVIDED TO A MERCHANT AS PART OF THE SERVICE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law principles. Please note that your use of the Service may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Danal or relating in any way to your use of the Service resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving Danal or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

 

OTHER TERMS.

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

 

Danal may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Any claim related to these Terms or the Service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. The failure of Danal to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

 

COPYRIGHT, COMPLAINTS, AND REMOVAL POLICY.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Danal infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed by the Danal against you, the DMCA permits you to send us a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/title17/92chap5.html#512 . Notices and counter-notices with respect to the Site should be sent to: legal@danalinc.com.