Terms of Service
By using the dftly.com web site or dftly for Salesforce (“Service”), or any services of dftly.com (“dftly and Impel”), or any of the applications for Salesforce sold by dftly, you are agreeing to be bound by the following Terms and Conditions (“Terms of Service” or “TOS”). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
Please read the following carefully.
Impel reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here: http://www.dftly.com/terms.html.
Violation of any part of the Terms of Service will result in termination of your account.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process.
- Subscriptions are on a Monthly Active User (MAU) basis and CANNOT be used by two users at the same time.
- You are responsible for maintaining the privacy and security of your account. Impel will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
- Impel may communicate with you via email regarding your account, system updates, or other issues related to your account.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others to your account).
- Impel may refuse service to anyone for any reason at any time.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
Payment and Access
- We will charge you a standard annual or periodic fee based on your account plan. The Service is billed in advance for each period, and is non-refundable. There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made.
- All fees are exclusive of taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies or duties, excluding only United States (federal or state) taxes.
- Should you upgrade or downgrade your account plan, your credit card will be charged your new billing rate immediately. Your credit card will then be charged your new billing rate every PERIOD thereafter unless you cancel your account.
Modifications to the Service and Fees
- Impel reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
- Impel reserves the right to change our monthly fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the Impel website: http://www.dftly.com.
Cancellation and Termination
- You alone are responsible for the proper cancellation of your account. You may cancel your account at any time by sending an email to firstname.lastname@example.org.
- You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.
- Impel reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if Impel believes that You have violated these TOS. Impel will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Impel shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
Copyright and Ownership
- Impel or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Impel or its suppliers own.
- Impel claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
- Your use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
- You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Impel.
- You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
- Impel will maintain commercially acceptable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data. These safeguards may include encryption of your Content in transmission (using SSL or similar technologies), which you may link to through the Service at Your election.
- You may not use the service to transmit any viruses, worms, or malicious content.
- Impel makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
- Impel its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Impel customer, employee, member or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
- Impel may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- The failure of Impel to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and Impel as to the Service and supersedes any prior agreements between you and Impel (including, but not limited to, prior versions of the Terms of Service).
- Any questions regarding the Terms of Service should be addressed to email@example.com.
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
These TOS shall be governed by the laws of the State of Nevada without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Nevada for the purpose of resolving any dispute relating to Your access to or use of the Service.