END USER AGREEMENT
This End User Agreement (“Agreement”) is a contract between you as an individual user (“you” or “User”) and Arcis Inc., an Illinois corporation, which owns the Dolphyn App and affiliated Dolphyn products (collectively, “we” or “Dolphyn” or "Arcis"). End User and Dolphyn are referred to herein as the “Parties.” By registering for an account and using Dolphyn services, you agree to the terms and conditions of this agreement and privacy policy.
SERVICES TO BE PERFORMED
Dolphyn offers a service to store your payment receipts with Dolphyn(“Dolphyn Services”). When you register for this service through the Dolphyn App and agree to accept and comply with the terms and conditions of this Agreement, Dolphyn grants to you a nonexclusive, nontransferable, limited license to access and use the Dolphyn Services. You may access and use Dolphyn only for your personal use pursuant to this Agreement. The Dolphyn Services are designed to work with certain iPhone® models, and you must use one of those models to access and use the Dolphyn Services. You acknowledge that Dolphyn reserves the right to add or delete the devices on which Dolphyn Services runs.
REGISTRATION
When you register with Dolphyn and establish a Dolphyn User Account, you agree to provide Dolphyn with current and accurate information. It is your responsibility to ensure that all of the information you enter is accurate. You acknowledge and accept that you may not be able to use Dolphyn Services properly or at all if you do not provide Dolphyn with all the necessary information or with accurate information. For example, if you do not enter your valid email address in your Dolphyn User Account, you will not be able to use Dolphyn Services.
CHILDREN
You may not establish a Dolphyn User Account if you are under the age of 18. Minors under the age of 18, but over the age of 13, may use a parent or legal guardian’s Dolphyn User Account only with the express consent of the parent or legal guardian. Minors under the age of 13 may not use a Dolphyn User Account. By establishing a Dolphyn User Account, you represent that you are 18 years of age or older. If you use a Dolphyn User Account, you represent that you are at least 13 years of age and, if you are at least 13 but less than 18 years of age, that you have the express consent of your parent or legal guardian to use that parent or legal guardian’s Dolphyn User Account.
UPDATES AND ACCOUNT MAINTENANCE
It is your responsibility to ensure that your information in your Dolphyn User Account is accurate and current. If you do not maintain current information, Dolphyn might not be able to reach you with administrative or other messages. If we learn that your account information is not accurate or current, we reserve the right to suspend or terminate your account. See Section 11 of this Agreement regarding termination. You may update your account information at any time through the Dolphyn App; however, to update your email address, you will need to email support@dolphyn.cloud.
FEES
Dolphyn offers multiple annual subscription plans. The subscriptions are available through Apple App Store. The rates for each subscription are listed on App Store. Dolphyn reserves the right to modify the rates at any time and/or to offer promotional rates. We do not issue refunds for services. Dolphyn does not issue any invoices to its customers. You have access to account balance information through App Store. You will have to contact App Store if you have any billing questions or disputes.
PAYMENT PROCESSING
Your subscription payment is processed through Apple App Store. You should maintain valid payment information within App Store for purchasing the subscription. We reserve the right to deactivate your account if your subscription payment fails to process successfully.
CONTENT
Dolphyn provides services to store and manage your payment receipts in cloud. You agree that you shall only use Dolphyn services for that sole purpose. You agree not upload any malicious software, content depicting nudity or sexual in nature, violence and cruelty. We reserve the right to suspend and terminate your account if you violate this condition.
TERM OF AGREEMENT AND TERMINATION
You can discontinue the service by contacting App Store. You will not be issued any refunds for unused portion of your subscription. You will be responsible for any charges through the date you discontinue the service. You must deactivate your subscription through App Store.
UPDATES TO THIS AGREEMENT
We may update or change this Agreement from time to time by posting the revised Agreement here. The revised Agreement is effective immediately upon posting unless a future effective date is otherwise provided. You agree to be bound by any such revisions. While Dolphyn will provide 30 days advance notice of any change in the fees that we charge to you by sending an email to the last posted email address in your User Account, Dolphyn does not guarantee that you will receive that notice, and it is your responsibility to periodically visit this link to determine the current terms of this Agreement.
SERVICE ACCESSIBILITY
You acknowledge that sometimes there are interruptions to cellular phone service or Internet service that are beyond the control of Dolphyn, and Dolphyn shall not be responsible for any data lost during cellular phone or Internet transmissions. While it is Dolphyn’s intention to make its service available 24 hours per day, 7 days per week, you acknowledge that the service may be interrupted, suspended, or terminated from time to time for any, or no, reason. You further agree that Dolphyn has the right to take down or block access to its service for maintenance or if we receive a lawful order to do so. Dolphyn shall not be responsible for any user’s inability to access Dolphyn, nor shall you be entitled to any refund or credit for any time that Dolphyn is inaccessible.
DOLPHYN'S REPRESENTATIONS, WARRANTIES, AND LIMITATIONS OF LIABILITY
While Dolphyn endeavors to maintain Dolphyn Services free from viruses and other malware, Dolphyn DOES NOT REPRESENT OR WARRANT THAT Dolphyn SERVICES WILL BE IMMUNE FROM ACQUIRING VIRUSES OR MALWARE. You acknowledge that the Internet and cellular service are not always secure mediums and that transmission of data, including personally identifiable information, via the Internet and cellular service is vulnerable to interception and manipulation.Dolphyn DOES NOT REPRESENT OR WARRANT THAT DATA OR INFORMATION THAT YOU TRANSMIT THROUGH Dolphyn SERVICES WILL BE IMMUNE FROM INTERCEPTION OR MANIPULATION.
Dolphyn DOES NOT REPRESENT OR WARRANT, HOWEVER, THAT THE Dolphyn CONTENTS OR SERVICES WILL BE ERROR FREE OR THAT THEY WILL MEET YOUR EXPECTATIONS. Dolphyn uses various technologies to perform image and text analytics to identify key elements of a receipt. Dolphyn does not guarantee that those technologies will provide accurate results. Dolphyn MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT.
If you are not satisfied with Dolphyn Services, your sole remedy is to discontinue use of Dolphyn Services and cancel your Dolphyn User Account through the Dolphyn App. IN NO EVENT SHALL Dolphyn BE LIABLE FOR LOST PROPERTY, REVENUES OR PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF Dolphyn, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE FEES CHARGED BY Dolphyn TO YOU IN ANY CONSECUTIVE TWELVE-MONTH PERIOD PURSUANT TO "FEES" SECTION OF THIS AGREEMENT.
Dolphyn uses complex algorithms in association with image and text analytics to recognize data elements from the receipts. Dolphyn makes no guarantees that the output of this analytics will be accurate.
YOUR REPRESENTATIONS AND WARRANTIES
You represent that the information you provide for your User Account is true and accurate and that you will update your User Account as needed to maintain current and accurate information. You represent that you will undertake all reasonable measures to prevent any intentional copying or capturing of your Dolphyn information or password. If you permit a family member or employee to use your Dolphyn User Account, you agree that you are responsible for ensuring that the family member or employee is aware of and complies with this Agreement. You agree that you are solely responsible for any and all use of your Dolphyn information and User Account and all activities that arise from use of your Dolphyn User Account. You agree to notify us promptly if you become aware of any unauthorized use of your Dolphyn User Account by emailing us at support@dolphyn.cloud
You agree not to use Dolphyn Services for any unlawful purpose or in any way that impairs or renders Dolphyn Services less efficient; not to introduce any viruses or malware to Dolphyn or to another Dolphyn User; not to sublicense, transfer, assign, or commercially exploit Dolphyn Services. You agree to cooperate with Dolphyn in the event of a dispute over any transaction using Dolphyn Services.
COMMUNICATION FROM DOLPHYN
Once you become a Dolphyn user by accepting this Agreement, you will receive administrative emails and announcements from Dolphyn. Such emails may include registration confirmation, account information, receipts notifications, and Dolphyn App feature updates. If you do not receive a transaction confirmation notice that you are expecting, it is your responsibility to access your User Account history to verify that the transaction was processed. See Dolphyn’s Privacy Policy regarding what information we collect from you and how we use that information. You agree to receive communications from Dolphyn in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that Dolphyn provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing.
FORCE MAJEURE
Dolphyn shall not be liable for any delay or failure to perform the Services in whole or in part due directly or indirectly to any circumstances beyond Dolphyn’s control, including, without limitation, availability of cellular phone service or the Internet, war, terrorism, riot, flood, court order, governmental action, fire, or failure of suppliers or subcontractors. In addition, Dolphyn shall not be liable for any delay or failure to perform the Services in whole or in part if such delay or failure is due to your failure to respond on a timely or complete basis to requests made by Dolphyn.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Dolphyn, its affiliates, and their respective members, directors, officers, employees, subcontractors, and agents from and against all claims, judgments, damages, losses, and expenses, including attorney fees, arising out of or related to (a) your violation of this Agreement; (b) your use of any Dolphyn Services; or (c) your willful or negligent misconduct in connection with Dolphyn Services.
INTELLECTUAL PROPERTY
The Dolphyn App, Dolphyn Services, and related Dolphyn products are the property of Dolphyn, Inc. and are protected by copyright, trademark, and trade secret laws. You are granted only a nonexclusive, nontransferable, limited license to access and use Dolphyn Services for your personal use pursuant to this Agreement. Dolphyn, Inc. does not grant you any other rights in or to Dolphyn or its intellectual property. You agree not to remove any copyright notices from Dolphyn, not to use the Dolphyn trademark, and not to sublicense or transfer this Agreement. You agree not to decompile or reverse engineer any Dolphyn product or service.
DISPUTE RESOLUTION
The Parties agree that this Agreement shall be interpreted under the laws of the State of Illinois without reference to its conflict of laws provisions. The Parties agree that, as to any dispute between the Parties arising out of or related to this Agreement, they shall submit such dispute to an impartial mediator located in Cook County, Illinois for resolution. If the Parties are unable to resolve the dispute by mediation, then the Parties may bring an action in a court located in Cook County, Illinois or, if a federal action, in the Northern District of Illinois. The Parties hereby consent and agree to submit to the jurisdiction of and venue in such courts and waive any argument of forum non conveniens. Notwithstanding other provisions in this Section, Dolphyn shall be entitled to seek injunctive or other equitable relief for any threatened or actual breaches "Intellectual Property" Section of this Agreement, and you waive the requirement for the posting of any bond or other security in connection with the issuing of an injunction or other equitable relief.
WAIVERS, SECTION HEADINGS, AND SEVERABILITY
No waiver by Dolphyn of any breach or default of this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or the application thereof to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
CONTINUING OBLIGATIONS
You agree that following Sections of this Agreement shall remain in full force and effect beyond the termination or expiration of this Agreement.
Dolphyn's Representations, Warranties, and Limitation of Liability
Your Representations and Warranties
Indemnification
Intellectual Property
Dispute Resolution
ENTIRE AGREEMENT
This Agreement, along with the Dolphyn Privacy Policy, represents the entire agreement and understanding of the Parties hereto, and all prior and concurrent agreements, understandings, representations, and warranties in regard to the subject matter hereof are and have been merged herein.
NOTICE
All notices, consents, waivers, and other communications under this Agreement must be in writing and will be deemed to have been duly given when (a) sent by electronic transmission with confirmation of receipt or (b) received by the addressee if sent by a nationally recognized overnight delivery service with proof of delivery requested. All communications sent to Dolphyn should be addressed to support@dolphyn.cloud. All communications sent to you will be addressed to the most recent contact information that you have posted to your User Account.