TERMS OF USE

The DashYo.net online service is designed to allow you to create websites for yourself or others without the need for programming skills.

In order to use the services provided by DashYo.net, you need to accept the following Terms of Use in full.

All the services are provided in accordance with the England and Wales law and these Terms of Use.

-- 1 - Definitions

Service - the entire environment and content of the online service available at https://DashYo.net, including updates and upgrades.
Terms of Use - a set of provisions that you must accept in full in order to use the Service. The Terms of Use form the entire agreement between you and us regarding the use of the Service.
User/You - a natural person with full capacity to act, who has an Administrator and/or Editor account in the Service.
Third Party - a natural person, legal entity or an unincorporated organisation, other than a User.
Website - a website created using the Service.
Webmaster Panel - a panel for creating and administering Websites.
Website Builder Panel - a panel for advanced editing of the look, content and settings of a Website.
CMS Panel - a panel for basic editing of the content and settings of a Website.
Administrator (Webmaster) - a User with access to the Webmaster Panel. The Administrator can edit selected Websites using the Website Builder Panel and the CMS Panel. A User may have only one Administrator account.
Editor - a User with access to the CMS Panel of a Website. A User may have multiple Editor accounts.
Service Owner/We/Us -DashYo.net by Same & Co Limited 71-75 SHELTON STREET, COVENT GARDEN, LONDON, WC2H 9JQ

Expressions in the singular include the plural and vice versa. Expressions in a given grammatical gender include other grammatical genders as well.

-- 2 - General Provisions

You may use the Service only on the terms and conditions set out in the Terms of Use, subject to prior acceptance thereof, and in accordance with the applicable laws.

-- 3 - Security

1. Overall Security

In line with the procedures designed to ensure security, by accepting the Terms of Use, in connection with any use of the Service, you hereby agree:

not to send commercial information (e.g. spam) via the Service, including via email;
not to send invitations to register with the Service to unknown Users;
not to use the Service via an interface other than that provided by us;
not to manage, organise or otherwise participate in the acts of unfair competition, as defined in the Law of 16 April 1993 on combating unfair competition (Journal of Laws 03.153.1503, consolidated version).
not to spread viruses or any other malware;
not to solicit other Users' data necessary to log into their accounts in the Service or otherwise obtain the data in an unlawful manner;
not to collect information on other Users, including with the use of special software (e.g. web crawlers);
not to post or publish illegal content such as e.g. pornographic, fascist, or Nazi content, or content persuading or threatening to commit a crime or other offences under the applicable laws;
not to test the Service in terms of security or the ability to authorise access to information contained in the Service;
not to decompile, reverse engineer or otherwise attempt to obtain the source code belonging to the Service Owner;
not to copy any elements of the Website, in particular, graphics, scripts and others.
not to collect any personal data in connection with the use of the Service, including in particular the personal data of the Service Users.
not to upload any software and not to take any actions that may lead to malfunction of the Service;
not to encourage anyone to violate the Terms of Use;
not to use unlawfully, in connection with the use of the Service, any industrial design, trademark, patent or any other rights arising from, among others, laws on copyright, intellectual property, industrial property, trademarks, patents and other applicable laws.

2. Security of Personal and Registration Data

To ensure the security of personal and registration data, by accepting the Terms of Use, you hereby agree:

to provide true and accurate personal data;
not to disclose to anyone the password to your or someone else's account nor to take any other actions that may lead to the disclosure of details of a given account to a third party without the explicit consent of the User;
not to create more than one Administrator account for yourself in the Service;
that in the event of creating an account for a different entity, rather than for yourself, you will obtain the consent of that entity to set up the account as well as the said entity’s statement of compliance with these Terms of Use. By creating an account for another entity, you simultaneously declare that you hold such consents and statements and you can produce the same at our request.
In the event where you request us to charge another entity with the payment for using the Service, you shall have the aforesaid entity's consent to processing of the aforesaid entity's personal data, so that we could charge this entity with the respective payment, in accordance with the applicable laws regarding protection of personal data, including in accordance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (OJ L 119, 4.5.2016, p. 1) as well as the aforesaid entity's consent to transmission of its personal data to us for the purpose of processing, as described above;
not to take any actions that may violate the rights of other Service Users as well as other third parties, in connection with the use of the Service.

-- 4 - Declarations of the User

By accepting the Terms of Use, you:

declare that you are of full age or that you have consent of your parents or legal guardians to use the Service, taking into account the rights and consequences arising from that fact;
declare that you have full capacity to act;
agree to receive electronically information related to the User's account and activities in the Service as well as newsletters and other marketing content;
declare that you provide true personal data. You shall bear full responsibility for the accuracy of the data. If you provide inaccurate data, we reserve the right to block or delete your account, subject to a prior notice.
agree - in case of invitations to the Service sent by you - that the person invited by you has received an invitation containing your data included in the particulars of the invitation sender, including your first and last name, and e-mail address.
agree to our use, in part or in whole, of the photos, images and content of the website created by you using the Service, free of charge, for the purpose of advertising and promoting the Service, including by publishing the same online on the Service pages or on social networks.

-- 5 - Registration

You shall register by completing the registration form available on the Service pages.
You may cancel the registration procedure at any time, which shall result in deleting all your registration data from the Service.
In order to use the Service, you must always log in to the Service via the login form available on the Service pages.
By entering data into the registration form, you also confirm the accuracy of the data entered.

-- 6 - Creation and Operation of Websites

Administrators shall be authorised to create and administer Websites.
Websites are created using the tools available to the Administrator in the Service.
Administrators can edit the look (form), content and settings of Websites using the Website Builder Panel.
Administrators and Editors can edit the content of Websites using the CMS 5 Panel. A Website can be published online at any time.

-- 7 - Payments

You can choose between different service packages depending on the Website maintenance fees. The detailed specifications of the packages are presented in the Price List available on the Service pages.
The fees for services provided in respect of a Website are charged based on the rates applicable to the Website owner.
Payments shall be made only in accordance with the instructions set out in the Service.
Payments are processed by the entity specified on the Price List page.
By choosing a credit or debit card as a payment method, you agree that your credit card or bank account will be debited automatically. At the same time, you agree that the Service may use third-party payment processing intermediaries and disclose transaction details to them.
If you choose a credit or debit card as a payment method, the fee for each subsequent subscription period will be debited automatically, until you cancel your subscription. You should cancel the subscription before the new subscription period.
Payments by credit or debit card are handled by Stripe unless otherwise advised.

-- 8 - Invitations

An Administrator may invite other persons (Third Parties) to join the Service. Upon registration, a person invited in this way shall become an Invited Administrator.

-- 9 - Owner's Rights

We reserve the right to post ads on the Websites.
We reserve the right to insert the so-called hyperlinks to other websites that do not belong to us or are beyond our control.
In cases justified by law, rights and obligations of other entities, violation of personal rights of another User or a third party, violation of the Terms of Use or any of your actions that may lead to malfunction of the Service, we have the right to:

request that you immediately delete inaccurate data;

block the Website and/or User account until the issue has been clarified;

delete your account if you keep ignoring the requests to remedy or cease the infringement.

-- 10 - User Rights

You are entitled to:

have one Administrator account in the Service;
have an unlimited number of Editor accounts in the Service;
access, change or delete your personal data using the account options;
e-mail us questions regarding any issues related to the operation of the Service;
cease using the Service by deleting your account at any time. With regard to any issues related to the commission awarded to you and its payment in connection with the cancelling, you shall e-mail us a relevant request within 30 days from the date of deleting your account from the Service.

-- 11 - Complaints

You have the right to appeal against any of our decisions. You are also entitled to complain if you believe that we do not comply with the Terms of Use, or that we are in breach of our obligations under the Terms of Use, by lodging a complaint, and clarifying the facts, to our email address.
Complaints shall be sent to our email address.
Complaints should be lodged at the latest within two weeks from the occurrence of the underlying event. A complaint lodged after this period shall be left without consideration, of which you will be informed by us.
After considering the appeal (complaint), you will receive a response and its justification via email within two weeks. A complaint resolved once will not be reconsidered.

-- 12 - Copyright and intellectual property

All content and form of the Service, including text, photographs, computer graphics, computer animations, page code of the Service and other elements that have not been input into the Service by you shall constitute intellectual property which we are entitled or solely entitled to use.
Any use of the aforesaid Service content by Users or Third Parties without express consent of the entity entitled under the law to dispose of the content shall be prohibited and may result in the Users’ or Third Parties’ liability for damages under the copyright law, intellectual property law, Civil Code or other applicable laws.
Information and personal data collected in connection with the functioning of the Service shall be managed, administered and processed by us.

-- 13 - Processing of Personal Data

Personal data is collected and processed for the purpose of registration and to ensure better and faster contact with the Service Users as well as for the purposes listed below, including in particular:

to act in accordance with the consent granted e.g. for marketing purposes. If you are under the age of 18, commercial information will be sent to you for marketing purposes after obtaining consent of your parent or guardian (statutory representative);

to ensure the Service Owner’s compliance with the applicable laws, including compliance with the obligations incumbent on the Service Owner under the applicable laws;

to maintain and display websites or communicate via the said websites. For this purpose, we may use the identifying data such as IP number, device numbers and other particulars. We will use the aforesaid data to the extent of and based on your consent or applicable laws.

for marketing purposes;

for archiving;

for audits or investigations;

for implementation of business and management control mechanisms;

for statistical, historical or scientific research;

to register and maintain the domain if the User buys such a domain. Data such as: name, surname, e-mail, telephone, postal address, company name (if applicable) are transferred to the domain registration and maintenance system operator,

in order to purchase a Premium Package if the User buys such a Premium Package. Transaction data such as: name, surname, e-mail address, postal address, company name (if applicable), including personal data, may be transferred to our payment gateway which at the present moment is Stripe, unless advised otherwise.
You provide your personal data voluntarily and you further voluntarily agree to their processing by us. The supervisory authority for personal data in England is currently the Inspector General for the Protection of Personal Data. You have the right to lodge a complaint with the supervisory authority.
We declare that we process your personal data in accordance with the provisions of the Personal Data Protection Act as well as in accordance with the provisions of the Regulation of the European Parliament and of the Council of 27 April 2016 Regulation of the European Parliament and of the Council of 27 April 2016 (OJ L 119, 4.5.2016, p. 1) and that we implement technical and organisational measures to ensure a level of security appropriate to the risks and categories of data protected and in particular, we protect your personal data against unauthorised access, loss or damage. Possible recipients of your data may be other Service Users, which you hereby acknowledge and agree to.
You have the right to:

access and correct your personal data;

have your personal data erased fully and permanently (the so-called right to be forgotten). To do so, send your request to contact@DashYO.net;

request us to transfer your personal data to another controller;

withdraw your consent to the processing of personal data in full or in part. Withdrawal of a consent shall be without prejudice to our right to process the personal data for the purposes described in the said consent until its withdrawal. It is also possible that - in accordance with the law - we will be entitled to process data on a different legal basis or for other purposes;

to obtain a copy of the personal data processed. This right must not adversely affect the rights and freedoms of others, including trade secrets or intellectual property, and shall be implemented, where technically feasible. We may request clarification of the information or actions covered by the request.
The data is collected using the registration form referred to in -- 5 of these Terms of Use and in connection with other use of the Service e.g. when providing the invoicing data.
Should we become aware that you use the Service in a manner inconsistent with the Terms of Use or applicable laws, we may process your personal data to the extent necessary to determine your responsibility, subject to recording the fact of obtaining and the content of the data, for evidence purposes.

-- 14 - Technical Requirements

To be able to use the Service, you need to use a proper web browser. For proper operation of the Service, you need to use one of the following browsers: Chrome 60.x, Firefox 50.x or later.
You hereby acknowledge that, despite the preventive measures implemented by us, the use of our services by electronic means may entail the usual risks associated with use of the Internet or electronic networks such as the risk of backdoor installation of hostile software (e.g. viruses, Trojans), or the risk of data loss due to a sudden voltage drop.

-- 15 - Final Provisions

Any disputes and claims arising from the use of the Service shall be resolved by a court competent in accordance with the applicable laws.
These Terms of Use shall be governed by the England and Wales law.
You are required to keep your password in a safe place. You are solely responsible for the use of your personal account as well as for any consequences resulting from improper securing of your account or password or disclosure thereof to third parties.
No content of the Service shall be deemed to represent a commercial offer or commercial information within the meaning of the applicable laws.
Should any of the provisions of the Terms of Use become unenforceable or illegal, the remaining provisions shall remain in force.
The Terms of Use shall form the entire agreement between the Service Owner and Users.
By accepting the Terms of Use, you declare that you read in full all the provisions thereof and you do not raise any objections with respect to their content and form and you agree to comply with all the Terms of Use.