Home Terms & Conditions
Effective Date: December 1st, 2019
By making the choice to purchase our subscription services through our website or our clients, you consent to the following terms and conditions of use and service (hereinafter collectively referred to as, “terms of service”). this is a voluntary opt-in process inclusive of the order placed by you for our services.
Welcome to ‘DSR Softwares’, a wholly owned subsidiary of sapphire softech solutions llc, 123 east 9th street, ste # 323 upland, california 91786, d/b/a or “we” or “our” or “us”). our service provides you access to the following features:
These terms of service are a legally binding contract between you and DSR Softwares, pertaining to, among other things, the access and use of our subscription services, support services and any related information, content (including our client) and electronic documentation (collectively, the “services”) made available or provided from the website https://www.dsrsoftwares.net/ (or any portals or sub-domains thereof) or other websites or call centers operated by or for DSR Softwares (collectively, the “sites”). as used in these terms of service, “DSR Softwares”, “DSR Softwares service”, “active optimization service”, “our service” or “the service” implies the services.
if you are a resident of the united states (including its possessions and territories), you agree to the arbitration agreement and class action waiver described in these terms of services to resolve any disputes with DSR Softwares (except for matters that may be taken to small claims court).
Your access to the sites or use of the services implies your acceptance of these terms of service. by clicking on the i agree” or “i consent” button or other indicator of your electronic acceptance of these terms of service, you agree to conduct each transaction by electronic means and DSR Softwares and you hereby state that electronic signatures shall have the same force and effect as original or hand-written signatures with respect to these terms of service and all electronic records or transactions entered into between you and DSR Softwares with respect to the sites and services offered to you by DSR Softwares. you hereby affirm your intent to conduct transactions using electronic signatures and records. you may revoke approval of this electronic signature process at any time with prior written notice to DSR Softwares; however this will result in DSR Softwares suspension or termination of all transactions and/or access or use of the sites or services absent your acknowledgment of agreement or consent by other valid legal means.
While DSR Softwares may send written notice of any such changes, it is your responsibility to keep up-to-date with and adhere to the posted terms of service.
Your continued access to the site or use of the services following any such change constitutes your acknowledgement of such change and your agreement to follow and be bound by the modified terms and conditions, if any.
Communication preference. by using the DSR Softwares service, you consent to receiving electronic communications from DSR Softwares relating to your account. these communications may involve sending emails to your email address provided during registration, or posting communications on the DSR Softwares service, or in the “your account” page and will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation e-mails and other transactional information) and are part of your relationship with DSR Softwares.
Establishing an account: browsing of the site’s public pages is currently provided free of charge to any person. however, access to the services will require an account to be first established and activated. you may sign up for an account by completing the online order forms required by DSR Softwares and following the directions to submit a request to become a subscriber and set up an account. as part of the account activation process, you must certify that you are 18 years of age or older. when you register for an account, you will be asked to create a unique user name and password, and enter a valid email address for your account. you will be asked whether you have read and agree to abide by these terms of service and any additional terms set forth on the account set up page. if you answer “i agree” and you otherwise are eligible, your account may be activated. if you answer “i do not agree” or otherwise are not eligible, your account will not be activated and you will not be permitted to access the services online.
Activation: DSR Softwares reserves the right to decline to activate an account for any person for any reason. if your account is activated, you will receive a notification email immediately after you register. once you have confirmed and completed the activation process, you will be permitted to log in, view, load, and use the services and the specific features of the services for which you have been registered.
By agreeing to such confirmation, you acknowledge that you have read these terms of service, understand your rights and obligations, and agree to be bound by these terms of service.
You acknowledge that certain services will be provided subject to additional terms and conditions and user limitations shown in the order confirming your subscription to, and all supported computers or devices covered by, the services (each an “order”) and you agree that you will abide by such additional terms and conditions applicable to the services shown in each order.
You and DSR Softwares agree that the services will be made available to you for use in conjunction with the number of computers set forth in the order. additional computers may be added by the execution of a separate order. you acknowledge that the services are neither contingent to the delivery of any future functionality or features nor dependent on any oral or written public comments made by regarding the future functionality or features other than as specified on the order.
Password Protection: you must setup a password to access the services online via your account. you are responsible for maintaining the secrecy of your password and protecting it against unauthorized use. you are also responsible for all activities that occur under your password and user name or your account made by you or others. you will immediately notify DSR Softwares if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. you will be permitted to access only those portions of the services and the sites for which you have been granted permission of use by DSR Softwares.
Account Requirements: in consideration of your use of the sites and the services, you agree to:
if you provide any information that is found to be untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the sites or the services or any portion thereof.
we provide our DSR SOftwares client applet (the “client”) as one method to consume our advisory services in an automated, time-saving, and labor-saving manner. the client will perform the initial analysis and establish a performance baseline for your supported pc(s), checking items like: internet speed, device drivers, security client, and others. the client also will establish your profile and attempt to auto-detect the hardware connected to your home or local area network and to launch your initial and future optimizations of your system.
This client is the property of DSR SOftwares or its licensees and is protected by copyright law. while DSR SOftwares continues to own the intellectual property rights to the client, you will have certain permission to use the client after your acceptance of our terms of service. this permission governs any releases, revisions, or enhancements to the client that DSR SOftwares may furnish to you.
The client includes one 3rd party component (cpuidsdk.dll) provided by cpuid eurl used to enhance our ability to provide recommendations best suited for your system.
The client may provide additional functionality and features only after you subscribe to our services.
You may uninstall this client at any time, using the standard uninstall procedures as offered with your computer’s operating system, by accessing the computer’s “control panel>add/remove programs” folder, selecting ‘DSR SOftwares’ from the list of installed applications, and clicking the “change/remove” button.
Your rights and obligations with respect to the use of this client are as follows:
The client is developed by, or for, DSR Softwares use in the performance of the services. the client is designed to distribute recommended resolutions and provide recommended optimizations from DSR Softwares through devices on which the client is installed and active. by using our service and the client, you acknowledge and agree to receive, without further notice or prompting, updated versions of the client. if you do not accept the foregoing terms, do not use our service. we do not take responsibility or otherwise warrant the performance of the client or any of your devices on which the client is installed and active, including the continuing compatibility of your devices with our services and sites.
By using our service and the client, you agree to look solely to the entity that manufactured and/or sold the device for any issues related to the device and its compatibility with the services and the client. if your devices are sold, lost or stolen, please deactivate the device in your account for the services. if you fail to log out of the online account portal on the sites, subsequent users may access the services through your account and may be able to access certain areas of your account information.
We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these terms of service or (ii) engaged in illegal or improper use of the service and/or the client.
As long as you maintain an active paid subscription to the services, you may request help from our live technical assistance agents available remotely via telephone, which frequently includes remote diagnosis by the technical agent, including having remote access to your devices via proxy, with your permission.
You may initiate a phone call with a technician or you may pre-arrange for a technician to call you. the technician will ask for your email address associated with your account. to receive the services, you must confirm that (a) our agents have full access to your devices or local area network or system that is the basis of the problem, and (b) you have an active and up to date subscription in good standing for the affected devices.
You must have your own internet connection and that all supported hardware (as defined below) is connected to a high-speed internet for the service to be delivered; dial-up and satellite internet connections are not sufficient for remote access and therefore not supported by DSR Softwares as part of the services.
DSR Softwares will make commercially reasonable efforts to make the service available during its normal business hours 12-hours a day, seven days a week (excluding legally recognized holidays). in certain instances, the service may be unavailable. in specific situations where support is needed for tasks beyond the scope of services set forth in these terms of service, DSR Softwares may offer additional services through the phone support agent for an additional fee.
Our agents will support personal computers running microsoft® windows based operating systems (includes both notebooks and desktops) (each, a “supported pc”). software systems and programs supported include widely available versions of the following programs:
Additionally, our agents will make commercially reasonable efforts to support other hardware items that connect peripherally to a supported pc (collectively, with the supported pc(s), the “supported hardware”). these items may include: printers, cameras, phones, music players & gaming systems.
Hardware support may include installation of device drivers and troubleshooting to confirm the issue is not with the software on the computer and may provide options including referral back to the hardware manufacturer(s) for further assistance.
You may access self-help content to resolve your issues with supported hardware or any billing issues by emailing us at firstname.lastname@example.org
Ongoing Subscriptions: Your DSR Softwares subscription may continue monthly or annual (depending upon your subscription purchase) unless and until you cancel your subscription or we terminate it. For reduced introductory price subscriptions, you will be billed the full amount after the introductory period ends as disclosed at time of purchase. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, Payment Method”) to use the Services. We will bill the term subscription fee to your Payment Method. You must cancel your subscription before it renews, subject to your subscription term at time of purchase, in order to avoid billing of the next terms subscription fees to your Payment Method.
Note that your account will be billed inclusive of any applicable tax automatically in addition to the subscription cost based on applicable laws. Sales tax may be applied based on your residence; if it is not applied you may have an obligation to remit use tax or similar tax. If in the future it is found that you were obligated to pay sales tax for the service you will be charged for your sales tax obligation.
Differing Subscriptions: We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Service will be disclosed during your sign-up or in an Order or other communications made available to you. You can find specific details regarding your subscription with DSR Softwares by visiting our Sites and clicking on the Your Account” link. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
Recurring Billing: By starting your DSR Software subscription and providing or designating a Payment Method, you authorize us to charge you a monthly or annual subscription fee at the then current rate, and any other charges you may incur in connection with your use of the DSR Software service to your Payment Method. You acknowledge that the amount billed each term may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed annually or monthly (dependent upon your subscription term) in one or more charges.
Price Changes: We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your service will take effect following an email notice to you.
Billing Cycle: The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each billing term thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each term on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your DSR Softwares subscription or became a paying subscriber on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Visit our website and click on the View billing details” link on the Your Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used in these Terms of Service, billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, annually or monthly or term refers to your billing cycle.
No Refunds: PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers (credits”). The amount and form of such credits, and the decision to provide them, will be at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Cancellation: You may cancel your DSR Softwares subscription at any time, and you will continue to have access to the DSR Softwares service through the end of your term billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-TERM SUBSCRIPTION PERIODS. To cancel, go to the Your Account” page on our website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click View billing details” on the Your Account” page.
Your Qualifications to Be a Subscriber or Access the Services
You must be 18 years of age, or the age of majority in your province, territory or country, to become a subscriber of the Service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Service.
The Services, and any content delivered through the Client or our Services, are for your personal and non-commercial use only. During your subscription, we grant you a limited, non-exclusive, non-transferable, license to access the Client and the Services in order to apply updates, fixes, optimizations, and any other resolutions provided. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
We continually update the Services and the Client. In addition, we continually test various aspects of our Service, including our website, user interfaces (including the Client), service levels, plans, promotional features, updates, fixes, and optimizations, delivery and pricing. We reserve the right to, and by using our Services, you agree that we may, include you in or exclude you from these tests without any notice or intimation. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Services.
You agree to use the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Services or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Service) content and information contained on or obtained from or through the Services without express written permission from DSR Softwares and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Services; use any robot, spider, scraper or other automated means to access the Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services; insert any code or product or manipulate the content of the Services in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services or the Client, including any software viruses or any other computer code, files or programs. You shall not access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services. You shall not (a) make the Services available to any third parties, (b) sell, resell, rent or lease the Services to others, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to store or transmit material in violation of third party privacy rights, (d) use the Services to store, process or transmit viruses, worms, bots, data mining code, or other harmful or malicious code, files, data, scripts, agents or programs, (e) interfere with or disrupt the integrity or performance of the Services or third party data contained therein, or (f) impersonate or pretend to be another person or a DSR Softwares agent or otherwise attempt to gain unauthorized access to the Services or their related systems or networks or any other client’s devices.
If you are found to be in violation of these Terms of Service at any time, as determined by DSR Softwares in its sole discretion, DSR Softwares may warn you, suspend the affected Services, or terminate your accounts.
Passwords & Account Access
The subscriber who created the DSR Softwares account and whose Payment Method is charged is referred to here as the Account Owner”. The Account Owner has access and control over their DSR Softwares account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting DSR Software and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account.
If you are agreeing to these Terms of Service on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to these Terms of Service and all users who open user accounts under such entity’s account, in which case you” shall mean such entity. If you do not have such authority, or if you do not agree with these Terms of Service, you must select the do not accept” button and you may not access or use the Services.
In order to provide you with ease of access to your account and to help administer the Services, DSR Softwares implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Service, which includes accessing via DSR Softwares ready devices or website.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Sites and not through a hyperlink in an email or any other electronic communication, even if it looks official. DSR Softwares reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. DSR Softwares is not obligated to credit or discount a subscription for holds placed on the account by either a representative of DSR Softwares or by the automated processes of DSR Softwares .
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
The DSR Softwares services and all content and the client associated therewith, or any other features or functionalities associated with the DSR Softwares services, are provided as is” and as available” with all faults and without warranty of any kind. DSR Softwares does not guarantee, represent, or warrant that your use of the DSR Softwares services or the client will be uninterrupted or error-free. except as otherwise expressly provided herein, DSR Softwares makes no other warranties, express or implied, including, but not limited to, any implied warranty of merchantability, suitability, quiet enjoyment, non-infringement, originality, or fitness for a particular purpose, irrespective of any previous course of dealings between the parties or custom or usage of trade. in no event shall indemnification be provided for a claim for breach of warranty against DSR Softwares .
To the extent permissible under applicable laws, in no event shall DSR Softwares , or its subsidiaries or any of their shareholders, directors, officers, employees or licensors be liable (jointly or severally) to you for lost profits, loss of business, lost savings, lost data, commercial loss or business interruptions including loss or delay of business operations or other incidental or consequential, indirect, special, exemplary, or punitive damages incurred by you under any circumstances whatsoever even if DSR Softwares has been advised of the possibility of such damages and even if the remedies provided in this agreement fail of their essential purpose..
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. therefore, some of the above limitations in this section may not apply to you.
Nothing in these terms of service shall affect any non-waivable statutory rights that apply to you. if any provision or provisions of these terms of service shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Each party acknowledges the allocation of risk set forth herein and that the parties would not have executed each order for the services without these limitations of liability.
For all other DSR Softwares subscribers, these terms of service and each order shall be governed by and construed in accordance with the laws of the state of california, u.s.a. without regard to conflict of law’s provisions.
You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
Copyright: DSR Softwares service, including all content provided on the DSR Softwares service, is protected by copyright, trade secret or other intellectual property laws and treaties.
Trademarks: DSR Softwares is a registered trademark of easyclicks llc, 123 east 9th street, ste # 323 upland, california 91786.
Patents: DSR Softwares has patents that apply to our service. for information on DSR Softwares patents visit https://www.dsrsoftwares.net/
Claims Of Copyright Infringement: the digital millennium copyright act of 1998 (the dmca”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under u.s. copyright law. if you believe in good faith that any materials submitted to the service and/or the sites infringe your copyright, you (or your agent) may send DSR Softwares a notice requesting that the material be removed, or access to it blocked. the notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the sites are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow DSR Softwares to locate the material on the sites; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. if you believe in good faith that a notice of copyright infringement has been wrongly filed by DSR Softwares against you, the dmca permits you to send DSR Softwares a counter-notice. notices and counter-notices must meet the then-current statutory requirements imposed by the dmca; for details. notices and counter-notices with respect to the sites should be sent to email@example.com. we suggest that you consult your legal advisor before filing a notice or counter-notice. also, be aware that there can be penalties for false claims under the dmca.
Use of information submitted: DSR Softwares is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (feedback”), including responses to questionnaires or through postings or calls to the service, including the sites and the client, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the services and/or the client. in addition, you agree not to enforce any moral rights” in and to the feedback, to the extent permitted by applicable law. please note DSR Softwares does not accept unsolicited materials or ideas and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to DSR Softwares . should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against DSR Softwares and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
Customer support: to find more information about our service and its features, or if you need assistance with your account, please visit DSR Softwares support page. in certain instances, your service may be best provided to you by using a remote access support tool through which we have full access to your computer. if you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. in the event of any conflict between these terms of service and information provided by you, support or other portions of our website, these terms of service will prevail.
Confidentiality: You shall use the same degree of care that you use to protect the confidentiality of your own confidential information of like kind (but in no event less than reasonable care) (i) not to use any confidential information for any purpose outside the scope of these terms of service, and (ii) except as otherwise authorized by DSR Softwares in writing, to limit access to confidential information to those of it and its affiliates’ employees, contractors and agents who need such access for purposes consistent with these terms of service and who have signed confidentiality agreements with you containing protections no less stringent than those herein. you may disclose confidential information if you are compelled by law to do so, provided you give DSR Softwares prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at DSR Softwares cost, if DSR Softwares wishes to contest the disclosure.
Consumer review fairness act: the consumer review fairness act gives you certain protections against gag” clauses prohibiting the disparagement of a service provider’s service offerings. the parties acknowledge and agree that, notwithstanding anything to the contrary herein, no clause in these terms of service shall be constructed to (i) prohibit or restrict the ability of, or impose a penalty or fee against, you from engaging in any covered communication or (ii) transfer or require you to transfer to DSR Softwares any intellectual property rights in any otherwise lawful covered communication other than the non-exclusive license set forth in this clause; provided however that: (1) the foregoing shall not affect (a) any duty of confidentiality imposed by law, (b) any civil actions for defamation, libel or slander or any similar causes of action, or (c) DSR Softwares right to remove or refuse to display publicly on an internet website or webpage owned, operated or otherwise controlled by DSR Softwares any covered communication that contains the personal information or likeness of any person, or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or is unrelated to the goods and services offered by or available on the sites; and (2) the foregoing shall not apply to the extent that the clause in these terms of service prohibits disclosure or submission of (a) trade secrets or commercial or financial information obtained from any person and considered privileged or confidential, (b) personnel and medical files and similar information, the disclosure of which would constitute a clearly and unwarranted invasion of personal privacy, (c) records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly and unwarranted invasion of personal privacy, (d) content that is unlawful or otherwise meets the requirements of subsection (2)(c) above, or (e) content that contains any computer viruses, worms, or other potentially damaging computer code, processes, programs, applications or files. you grant DSR Softwares , its successors and assign, the non-exclusive, perpetual, irrevocable, fully-paid, royalty-free right to copy, use, reproduce, edit, display, or commercially exploit any covered communication, in whole or in part, in any media (including internet) whether now known or hereafter created, without the requirement of an accounting or prior written notice to you by DSR Softwares. for purposes of this section, covered communication” means any written, oral or pictorial (including pictures, photographs, video, illustrations and symbols) review, performance assessment of, or other similar analysis of, including by electronic means, the goods, services or conduct of DSR Softwares by you.
Publicity: DSR Softwares may post a customer case study or issue a press release(s) regarding the purchase of the services by you and the business relationship established under these terms of service at any time during and after the term of these terms of service. DSR Softwares expressly prohibits any use, reference to, or other affiliation of its name, trademarks, service marks or trade names with you or any third party, except, in each instance, as expressly authorized in writing by DSR Softwares and subject to DSR Softwares quality control.
Please read this carefully. we want you to know how it affects your rights.
At DSR Softwares, we expect that our world-class service team will be able to resolve most issues you may have using the services. you can find frequently asked questions or contact our customer service team by going to our help center. in the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. accordingly, you and DSR Softwares agree to the following resolution process.
In an attempt to find the quickest and most efficient resolution of our issues, you and DSR Softwares agree to first discuss any issue informally for at least 30 days. to do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: DSR Softwares, easyclicks llc, 123 east 9th street, ste # 323 upland, california 91786 – attn: legal department. if we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for DSR Softwares .
If we do not reach an agreed upon solution after our discussions for at least 30 days, you and DSR Softwares agree that any claim that either of us may have arising out of or relating to these terms (including formation, performance, or breach of them), our relationship with each other, or use of the services must be resolved through binding arbitration before the american arbitration association using its consumer arbitration rules, available here. as an exception to this arbitration agreement, DSR Softwares is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.
To help resolve any issues between us promptly and directly, you and DSR Softwares agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived. you and DSR Softwares also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class and each of us expressly waive any right to file a class action or seek relief on a class basis.
any arbitration hearings will be held in upland, california.
you may download or copy a form notice and a form to initiate arbitration at www.adr.org. if you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the aaa’s consumer rules. regardless of who initiates the arbitration, DSR Softwares will pay any other arbitration fees, including your share of arbitrator compensation.
It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
If you’re not sure what all of this means, of course please feel free to ask an attorney.
Specifying what happens if an issue arises with one of our users is never a fun topic. but we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and DSR Softwares agree on the process described in this section.
Survival- if any provision or provisions of these terms of service shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in
Technically speaking, cookies are called “HTTP cookies.” There are other technologies that can be used for similar purposes, such as HTML5 Local Storage and local shared objects (LSOs). LSOs are used by the authors of files that are read by DSR Softwares and the websites hosting those files. We may use HTML5 Local Storage, LSOs, and similar technologies for authenticating you, keeping track of information you have provided to us, and remembering your preferences (see bullet points above). When you are using a DSR Softwares application offline, we may store information related to how you used that website on your device and then transfer it to our servers the next time you connect online to our service.
Web beacons and embedded scripts are other technologies that we use in our websites, as well as in some of our emails and ads.
Web beacons (or “tags”) are bits of programming code included in web pages, emails, and ads that notify DSR Softwares (or the companies that help us run our business) when those web pages, emails, or ads have been viewed or clicked on.
DSR Softwares may collect information about you in connection with social networking sites in several ways, including:
We may reach out to you in different ways, for example, to tell you about a new DSR Softwares app we think you’d be interested in, or to show you how to use a particular feature we think you may enjoy.
DSR Softwares email, telephone, and postal mail marketing
If you agree to receive email, telephone, or postal mail marketing from us, we try to make it useful for you based on your likely interests. For example, we check to see if you have opened emails so we can measure their effectiveness. We also send you recommendations for products and services based on the way you use DSR Softwares products and services. If you are a business customer and agreed to receive DSR Softwares marketing communications, we may share your information with our resellers and other sales partners. We do not share personal information about consumers with third parties for their own marketing purposes unless the consumer agreed to that sharing.
Tailoring DSR Softwares apps and websites to your interests
When you are using a DSR Softwares app or website, we may show you content, offers, or recommendations that are based on your likely interests.
DSR Softwares runs online ad campaigns that display ads for you based on your likely interests. We may learn your likely interests when you use our apps and websites. We also acquire information from other companies that gives us more insight about your likely interests based on your activity on non-DSR Softwares web pages and mobile apps. These types of ads are often called “interest-based ads” or “online behavioral advertising.” We use ad platforms to display DSR Softwares ads on non-DSR Softwares web pages and in non-DSR Softwares apps.
The ad platforms we hire to display these ads set their own cookies, web beacons, and other identifiers to measure the effectiveness of these ads and to understand your likely interests. We and our ad platforms learn information such as which DSR Softwares ads are shown to you, which ads are clicked on, and on which web page or in which app they were displayed.
The ad platforms we hire may also use technology that helps them identify devices and browsers that are being used by the same person. We may use these ad platforms to display ads to you on non-DSR Softwares websites or apps, which are tailored to you based on your use of our websites and apps on your various devices and browsers.
If you prefer that we not deliver ads to you in non-DSR Softwares apps based on how you use DSR Softwares apps and websites, please set the preference on your mobile device to limit ad tracking.
Please note that if you do set your preferences as described above, you may still see DSR Softwares ads on other companies’ websites or apps, but they will not be based on your activity on our websites and apps.
Safeguards for Personal Information
When DSR Softwares transfers personal information from customers across national borders, we do so in compliance with applicable law.
How does DSR Softwares transfer your EU personal data?
For our individual users and customers whose use of DSR Softwares websites and apps results in the transfer of personal information from the European Economic Area (EEA) or Switzerland to non-EEA countries, we rely on one or more of the following legal mechanisms: the EU-U.S. Privacy Shield, the Swiss-U.S. Privacy Shield, Standard Contractual Clauses, and consent of the individual.
DSR Softwares U.S. has certified that it complies with the Privacy Shield Principles for transfers of your personal information from the EEA and Switzerland in connection with DSR Softwares websites and apps.
More information about our certification to the Privacy Shield is provided below.
How does DSR Softwares transfer EU personal data on behalf of our business customers?
For our business customers whose use of DSR Softwares solutions results in the transfer of personal information from the EEA or Switzerland to non-EEA countries, DSR Softwares relies on the following legal mechanisms: the EU-U.S. Privacy Shield, the Swiss-U.S. Privacy Shield, and Standard Contractual Clauses. More information about our certification to the Privacy Shield is provided below. Regarding the Standard Contractual Clauses, DSR Softwares has prepared a Data Processing Agreement (DPA) that includes the Standard Contractual Clauses (SCCs). If you are a DSR Softwares business customer and want to enter into a DPA and SCCs with DSR Softwares please contact us.
DSR Softwares Privacy Shield certification
DSR Softwares U.S.has certified to the EU-U.S. and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the transfer of personal information from the European Economic Area (EEA) and Switzerland to the United States.
As described in the policy, for individual users who reside outside of North America, your relationship is with DSR Softwares which is the “data controller” with regard to your personal information collected by DSR Softwares Your personal information may be transferred to DSR Softwares (DSR Softwares U.S under our Privacy Shield certification or other legal transfer mechanisms, as described above.
With respect to personal information processed on behalf of our EEA and Swiss business customers, under EU privacy laws, DSR Softwares is generally considered a “data processor.” As part of DSR Softwares providing services to the business customer, this personal information of consumers may be transferred by DSR Softwares to DSR Softwares U.S. under our Privacy Shield certification or Standard Contractual Clauses, as described above.
We take the intellectual property rights of others seriously and it is our obligation to help resolve any form of infringement that may occur on our website.
If you believe any content posted on our website infringes your copyright or your trademark, please let us know by sending us an infringement notice as described below.
If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through DSR Softwares website or service, please send a Digital Millennium Copyright Act (DMCA) notice to us that includes all of the items below and we will take appropriate action:
A description or image of the copyrighted work that you claim is being infringed;
A description of the material you claim is infringing and that you want removed, and details of the location on DSR Softwares website or service where you claim is infringing may be found so that we can verify its existence (including URL, where available);
Your address, telephone number, and email address;
The following statement: “I have a good faith belief that the use of the copyrighted material described in this notice is not authorized by the copyright owner, its agent, or the law (such as fair use, fair dealing, or other exceptions)”;
The following statement: “Under penalty of perjury, I certify that: (i) the information in this notice is accurate; and (ii) I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
Our designated copyright agent to receive such claims can be reached as follows:
By mail: 123 East 9th Street, Ste # 323 Upland, CA 91786
By phone: ______________ (to be updated)
By email: firstname.lastname@example.org
NOTE: You could be liable for costs and attorneys’ fees if you file a DMCA Notice when there is no infringement. We recommend you seek a legal counsel before filing DMCA Notice. When you submit a DMCA Notice, we always provide a copy of your notice to the customer or user who uploaded the content you say is infringing.
Your access to the Sites or use of the Services implies your acceptance of these Terms of Service- By clicking on the “I AGREE” or “I CONSENT” button or other indicator of your electronic acceptance of these Terms of Service, you agree to conduct each transaction by electronic means and DSR Softwares and you hereby state that electronic signatures shall have the same force and effect as original or hand-written signatures with respect to these Terms of Service and all electronic records or transactions entered into between you and DSR Softwares with respect to the Sites and Services offered to you by DSR Softwares . You hereby affirm your intent to conduct transactions using electronic signatures and records. You may revoke approval of this electronic signature process at any time with prior written notice to DSR Softwares; however this will result in DSR Softwares suspension or termination of all transactions and/or access or use of the Sites or Services absent your acknowledgment of agreement or consent by other valid legal means.
While DSR Softwares may send written notice of any such changes, it is your responsibility to keep up-to-date with and adhere to the posted Terms of Service.
Your continued access to the Site or use of the Services following any such change constitutes your acknowledgement of such change and your agreement to follow and be bound by the modified terms and conditions, if any.
Communication Preference. By using the DSR Softwares service, you consent to receiving electronic communications from DSR Softwares relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the DSR Softwares service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation e-mails and other transactional information) and are part of your relationship with DSR Softwares .
If the applicable customer or user of DSR Softwares believes that the material that was removed or to which access was disabled is either not infringing, or they/he/she believes that they/he/she has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a DMCA counter-notice and include the following information:
Identification of the material that has been removed or to which access to have been disabled and the location at which the material appeared before it was removed or disabled;
A statement under penalty of perjury that the user or other Customer-authorized representative has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material;
The user’s or other Customer authorized representative’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which such person’s address is located, or if such address is located outside the United States, for any judicial district in which allegedly infringing material is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement; and
The user’s or other Customer authorized representative’s physical or electronic signature;
NOTE: You could be liable for costs and attorneys’ fees if you file a DMCA Counter Notice when your use is infringing. Please contact an attorney if you are unsure. If a counter-notice is received by our designated copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we or our user may replace the removed material or cease disabling. Unless the copyright owner files an action seeking a court order against the applicable user, the removed material may be replaced or access to it restored at our or our user’s discretion.
If you are a trademark owner, or agent of the owner, and believe that content available by means of one or more of our websites or services infringes one or more of your trademarks, please send us a notice containing the information requested for a DMCA Notice, as described above. We will handle these notices similarly to the process described for copyright violations and may disclose the notice to the customer or user who uploaded the content you say is infringing.
Some of the ads you receive on Web pages are customized based on predictions about your interests generated from your visits to different Websites in your browser and on other devices you may use. This type of ad customization is sometimes called “online behavioral” or “interest-based” advertising. Such online advertising helps support the free content, products and services you get online. The DAA Principles apply to interest-based advertising and other applicable uses of Web viewing data collected over time and across nonaffiliated Web sites and on other devices.
Using this browser tool, you can control the collection and use of Web viewing data for interest-based advertising and other applicable uses on this browser, by some or all of the participating companies.
See all the participating companies in this WebChoices (check) tool and learn more about their practices.
Also find out which participating companies have currently enabled customized ads for your browser.
Check whether you’ve already set controls previously from participating companies.
Exercise choice with some or all participating companies to store your preferences for your browser, using opt-out cookies or other technologies.
Deleting browser cookies may remove your opt-out preferences, so you should visit this page periodically to review your opt-out preferences, or update your choices to include new participating companies.
Use the “OPT OUT OF ALL” feature to control data collection and use covered by the DAA from all currently participating companies in one step.
You may still receive other types of online advertising from participating companies, and these companies may still collect information for other purposes consistent with the DAA Principles.