SoDash Terms and Conditions of Use

Version: 2.0.3

1. Introduction

SoDash ("us") provide software for social media monitoring and engagement, using a Software-as-a-Service model, and associated services (the "Service").

The following terms and conditions of use, plus our privacy policy and Service Level Agreement which collectively make up the "Terms of Service", govern your use of the Service.

By using the Service, the organisation or individuals using the services ("You") are agreeing to be bound by the Terms of Service. If you disagree with these Terms of Service or any part of these Terms of Service, you must not use the Service.

2. Account Terms

3. Acceptable use

4. Restricted access

5. User generated content

6. Charges

Where we charge for access to content and services, the following conditions apply:

  1. At our discretion, payment may be required either upfront or in-arrears.

  2. Payment will be deemed to have been made when the payment is either (a) cleared funds in our bank account, or (b) cleared funds in our PayPal account (or other such payment system which we may specify). Any taxes or third party charges which are subtracted from a payment will not count as part of the payment.

  3. Where payments are late or short, we may cancel or restrict your access to any or all of our services.

  4. SoDash reserves the right at any time to modify the Service.

  5. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by posting the changes to the SoDash Site (www.SoDash.com) or the Service itself. SoDash shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

7. Cancellation and Termination

  1. The initial term of this agreement shall commence when you start using the Service and shall continue for the contract term (set forth in the Order Form; or for 12 months if none is specified) from the Billing Start Date.

  2. If neither party cancels the agreement, then at the end of the agreed term it shall be renewed automatically on a rolling basis requiring 1 month notice by either party to cancel.

  3. You are responsible for properly cancelling your account. You must notify us by writing an email or letter to request cancellation of your account with at least 1 month's notice.

  4. After cancellation, your Content may be deleted from the Service. We always try to help clients preserve their data, even if they leave, so please contact us with any questions about this.

  5. This Agreement can be terminated at SoDash's discretion if:

  6. You become insolvent or if bankruptcy, winding up, receivership, administration or similar proceedings are commenced or issued by or against you.
  7. You breach the rules on Acceptable Use (e.g. posting illegal content; see clause 3 above).
  8. Any other breach by you of these Terms or any other agreement with us, following notice from us of such breach, if the breach is not cured within two weeks of receiving such notice.

  9. SoDash reserves the right to discontinue the Service (or any part thereof) at the end of your paid-for period, or at any time if your use of the Service is unpaid.

  10. Upfront payments are non refundable.

  11. If you continue to use the Service without being authorised to by this agreement, SoDash will, without prejudice to any other rights SoDash may have as a result of such usage, be entitled to charge for such usage at the rates previously agreed.

8. Indemnity

  1. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Service, or arising out of any claim that you have breached any provision of these Terms of Service.

  2. Except as set out in the Service Level Agreement, You understand and agree that SoDash shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SoDash has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

9. License to use Creative Commons and public domain material

10. Variation

  1. SoDash reserves the right to update and change the Terms of Service from time to time. Please check this page regularly, and note the version number at the start, to ensure you are familiar with the current version.

  2. Continued use of the Service after you have been notified that changes have been made in the Terms of Service shall constitute your consent to the latest version of the Terms of Service.

  3. Any new features that enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.

11. Assignment

  1. SoDash may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use.

  2. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

12. Severability

  1. If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  2. The failure by us to enforce at any time or for any period any one or more of the clauses set out here shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.

13. Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

14. Law and jurisdiction

These terms of use will be governed by and construed in accordance with Scottish law, and any disputes relating to these terms of use will be subject to the jurisdiction of the courts of Scotland.

15. Our details

SoDash is a trading name -- the full name of our company is Winterwell Associates Ltd, and we work with The Sandpit Ltd.

SoDash are registered in Scotland under registration number SC377713.

Our registered address is:

127 Rose Street South Lane, Edinburgh, EH2 4BB, United Kingdom

You can contact us by email to info@sodash.com.

These website terms of use were adapted from a template created by http://www.website-contracts.co.uk/