End User License Agreement
"Dial Once" is a brand and service of Dun-Stone Company, commercial register of France:
RCS of Paris: B 794 570 853.
Commercial Address: 58, avenue de Wagram – 75017 Paris.
Preamble
This End User License Agreement ("EULA") constitutes a legal agreement between Dial Once
and the user of its "Services". "Services" may include, among other things, any communication
function Dial Once performs for you, as well as the offering of any customer service-related
content. Any new features provided by Dial Once that augments or enhances the current
Services also constitute "Services" and will be subject to this EULA. Please read it carefully.
By using the Service you expressly agree to be bound by this EULA and future amendments and
additions as published from time to time at https://dial-once.com/eula
You are responsible for reviewing and becoming familiar with any such amendments and
additions.
1. Confirmation of your right to use the services
1. By entering into this EULA, you expressly confirm that you are legally entitled and of
legal age to enter this Agreement, that you have read and understand fully its terms,
and that you have confirmed that your use of these Services is permitted under the laws
of your country. Dial Once will not be responsible if the use of the Services does not
comply with the laws of your country.
2. You also represent and warrant that any information you provide to us in connection
with your use of the Services is accurate.
2. Grant of rights; Right to modification and shut down
1. Subject to the EULA, you are hereby granted a non-exclusive, non-transferrable right to
use the Services, for your own internal use, until the earlier of: (i) termination or
expiration of this EULA or termination of your access to the Services; and (ii) shut down
of the Services by Dial Once.
2. Other than the rights expressly licensed hereunder to you, no other rights or interest
whatsoever in the Services, are transferred or granted. Without limiting the foregoing,
you may not: (i) use the Services for purposes other than those explicitly set forth
hereunder; (ii) to the maximum extent permitted by applicable law reverse engineer or
decompile, copy, distribute, modify or revise Services, or create derivative works
thereof; (iii) sub-license, resell or re-offer the Services, or any part thereof; (iv)
otherwise commercially utilize the Services.
3. You acknowledge and agree that Dial Once has the right, at any time and for any reason,
at its sole discretion with or without notice to you: (i) to terminate and/or shut down
(temporarily or permanently) parts or all of the Services. Upon termination of the
Services, your right to use the Services will immediately cease. All provisions of the EULA
which by their nature should survive termination shall survive termination; (ii) to
redesign or modify the organization, structure, specifications, "look and feel,"
navigation, features and other elements of the Services and/or any part thereof.
4. In view of the nature of the Services, Dial Once does not assume responsibility for loss of
data. All your data and content should always be backed up.
3. Use of the services
As a condition of use, you agree not to use the Services for any purpose that is unlawful or prohibited by this EULA, or any other purpose not reasonably intended by Dial Once.
By way of example, and without limitation, you agree not to use the Services:
1. To any unlawful, invasive, infringing, defamatory or fraudulent purpose;
2. To send unsolicited bulk commercial email ("Spam") of any kind, regardless of the
content or nature of such messages;
3. Attempt to impersonate another user or person;
4. Intentionally to send any harmful code or attachment with the Services; To interfere, alter, tamper with or circumvent the use or any other aspect of the Services by other users or third parties;
5. To use the Services in a way that has a detrimental effect upon Dial Once, its customers,
its users or the Services, as determined by Dial Once at its sole discretion;
6. To use or attempt to use the Services in breach of this EULA;
7. To transmit harassing, obscene, racist, malicious, abusive, libelous, illegal or deceptive
messages or files;
8. To interfere with the use of the Services by other users;
9. To alter, tamper with or circumvent any aspect of the Services;
10. To test or reverse engineer any of the Services in order to find limitations or vulnerabilities.
You acknowledge and agree that you are responsible for your use of the Services;
You are fully responsible for the control of and/or access to your device(s) on which the Services are provided, and any information and/or content available through them, and you agree to take all reasonable precautions to protect undesired access to it. Dial Once shall not be liable to you or any third party for any failure by you to prevent unauthorized access to your device, content and information.
4. Accuracy and retention of information; Compliance with laws
1. You agree that any registration information you give to Dial Once will always be
accurate, correct and up to date.
2. You agree to use the Services only for purposes that are permitted by (a) the EULA (b)
any applicable law, regulation in the relevant jurisdictions.
3. You acknowledge that in connection with the provisions of the Services Dial Once may retain certain information and data with respect to the logs and history of your activities, content, etc.
To see what information you share with Dial Once and how this information may be used by Dial Once, please see Dial Once’s Privacy Policy https://dial-once.com/privacy-policy
5. Right to shut down, deny or limit access
Dial Once reserves the right to limit or revoke your access to any of the Services, in its sole discretion, at any time, and for any reason, including but not limited to technical difficulties or violation of this EULA.
You acknowledge and agree that Dial Once may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Dial Once’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Dial Once when you stop using the Services.
6. Indemnity
You agree to defend, indemnify and hold Dial Once and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from: any claim or demand made by any third party due to your use of the Services, violation of the EULA by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
7. Disclaimer of warranties and liabilities
The services and the platform are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither the EULA, Dial
Once’s order form, nor any documentation furnished under them are intended to express or imply any warranty that the services will be uninterrupted, timely, virus-free or error-free. You acknowledge that the entire risk as to the quality and performance of the services is with you. Should the services prove inadequate in any way, you and not Dial Once assume the entire cost of any costs or damages incurred by you.
Dial Once does not warrant that you will have uninterrupted or error free use of the services, that any data sent by or to you will be transmitted in secure or uncorrupted form or within a reasonable or defined period of time, or that the services will prevent from occurring that which they are designed to prevent. you acknowledge that any data or information downloaded or otherwise obtained, received or submitted through the services are at your sole risk and that Dial Once will not be liable or responsible for any harm or damage to you or your property (including any data, content, device or storage media, terms of engagement with third parties, deception and misunderstanding) in no case will Dial Once be liable to you or anyone else for any decision made or action taken by you in relation to the use of the services provided by Dial Once. Dial Once does not claim that you can rely on its services. It is totally up to you to judge the quality of the services. Dial Once shall not be liable to you or anyone else for any damages arising out of your use of the services. No advice or information, whether oral or written, obtained by you from Dial Once, its employees, or through or from the services shall create any warranty not expressly stated in this EULA. Dial Once is not responsible for the content or information which are sent through Dial Once’s services. Such messages or attachments may include unlawful and/or harmful material that may damage your device.
8. Limitation of liability
Under no circumstances whatsoever will Dial Once, even if advised of the possibility of such damages, be responsible or liable to you or to any other entity for any direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages that result from or relate in any manner whatsoever to your use of the services, or reliance on any of the services or to any errors, inaccuracies, omissions, defects, security breaches, or any other failure to perform by Dial Once. Without derogating from the generality of the foregoing, Dial Once shall have no liability whatsoever to you or any other party for the accuracy, security, timeliness, completeness or continued availability of the services or any part thereof, including use for urgent, critical or emergency communications or improper or unauthorized access to or interception of any communication or private information.
The foregoing disclaimer shall apply in circumstances including, but not limited to, your inability to use any or all of the services. You agree that you are solely responsible for adequate protection and backup of the data and devices used in connection with any of the services. The limitations in this section are comprehensive and the examples given are not exhaustive. The limitations in this section are separate and independent of any other limitations in this agreement and shall not fail if such other limitation or remedy fails. Some jurisdictions do not
allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
9. Links to other websites
Dial Once may provide hyperlinks or iframes to other Web sites maintained by third parties or may provide third party content on its Web site by framing or other methods. The fact that Dial Once provides a link to a third party Web site does not mean that we endorse, authorize or sponsor that Web site. The links or iframes to third party web sites are provided for your convenience and information only. The content in any linked web site is not under Dial Once's control and Dial Once is not responsible for the content of linked websites, including any further links contained in a third party web site. If you decide to access any of the third party web sites linked to this web site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party website to which they link is free of computer viruses and other items of a destructive nature.
10. Ownership
This EULA gives you a limited license to use the Services. Dial Once retains all right, title and interest, including, without limitation, any and all trademarks, trade names, copyrights, patents and other intellectual property or proprietary rights therein. 11. Assignment
Dial Once may assign this EULA without your notice or consent. You, however, may not assign this EULA or any rights hereunder.
12. Governing law
The EULA and the relationship between you and Dial Once are governed by the laws of France without regard to its conflict of law provisions. Any dispute or claim arising out of or in connection with the EULA will be submitted to the exclusive jurisdiction of the competent courts in France.
13. Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the EULA and you do not have any authority of any kind to bind Dial Once in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Dial Once shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Dial Once's reasonable control, including, without limitation, mechanical, electronic or communications
failure or degradation (including "line-noise" interference). If any provision of the EULA is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the EULA shall otherwise remain in full force and effect and enforceable.