Terms of Service

Terms of Service

These Terms of Service (the “Terms”) regulate your use of the Dadan website (the “Site”), the Dadan video platform, and related resources (collectively, the “Service”) offered by Dadan, Inc. (“Dadan”, “our”, “us”, or “we”). Your utilization of the Site and/or registration to utilize the Service means that you consent to be bound by these Terms as well as the Dadan Privacy Policy on behalf of yourself or the company that you serve (collectively, “you”). Please read these Terms carefully before registering for or using the Dadan Service in some other way.

  1. Overview

Dadan is a platform for video messaging. Dadan is available via the following plans or service offerings.

  • Basic. Dadan Basic is a free tool for individuals and teams who need to easily capture and share videos, with limitations on duration of the videos recorded and number of videos.
  • Pro. Dadan Pro is available on a monthly or annual subscription basis for teams that need professional recording and editing functions. Includes increased flexibility for teams that need advanced sharing. This package includes an unlimited amount of videos, and an unlimited time of recording.

See our Site for more information on our various services and plans, which Dadan will continue to develop and extend over time.

  1. Registration

When you sign up with Dadan, you will be asked to provide personal details such as your name and email address, as well as to create a username and password , all of which will be subject to our Privacy Policy. You are solely responsible for all activities that happen in your account, as well as the protection of your password and log-in credentials. You consent to (1) track your account, (2) not share your account or password with others, and (3) promptly inform Dadan of any unauthorized use of your account or password, or any other security violation. You agree to provide us with authentic, correct, and up-to-date information as requested during the registration process.

III. Payment

If you register for Dadan Pro, you consent to pay all payments to your account for the Service in compliance with the fees, charges, and billing terms in place when it is due. Unless otherwise stated in an order form, you must provide Dadan with a valid credit card (Visa, MasterCard, or any other issuer approved by us) (“Payment Provider”) In order to register for the Dadan Pro. Your Payment Provider agreement controls the use of the designated credit card account, and you must adhere to that agreement rather than these Terms to assess your legal rights and obligations with respect to that account.

By giving Dadan your credit card number and related payment details, you consent that Dadan is allowed to instantly validate the information and then charge your account for all fees and charges due and payable to Dadan under this agreement, with no further notice or approval needed. You consent to inform Dadan immediately if your billing address or the credit card used for payment hereunder changes. Dadan holds the right to adjust its rates and payment procedures at any moment, either instantly upon posting on our Site or via e-mail delivery.

Any legal fees, court expenses, or other related costs in collecting delinquent undisputed sums are your responsibility and must be paid for.

All Subscription costs are non-refundable. There will be no contract between you and Dadan for the Service until Dadan  accepts your order via e-mail, SMS/MMS message, or other acceptable means of communication.

You are responsible for any third-party costs incurred when using the Service.

  1. Changes to and Your Termination of the Service

You accept and agree that Dadan can discontinue (permanently or temporarily) providing the Service (or any features within the Service) to you or to users in general at Dadan’s absolute convenience with or without prior notice to you (except that if you are a Dadan Pro customer, Dadan will inform you and not charge you for any Service that you have not received). You can discontinue use of the Service at any time. You are not required to notify Dadan when you cease using the Service.You understand and accept that if Dadan stops you from logging into your account you will be unable to access the Service, your account information, or any files or other materials in your account.

  1. User Conduct, Commitments and Understandings
  • You consent not to use (or try to use any of the Service by any methods other than the platform offered by Dadan, unless explicitly authorized in a separate agreement with Dadan.
  • You, directly or indirectly, alone or with any other party, are prohibited from:
  1. alter, adjust, produce derivative works of, disassemble, decompile, or otherwise reverse engineer the Service or any software provided in connection with the Service (“Software”), or delete copyrighted legends from the Service or Software;
  2. distribute, pass, resell, rent, lease, or loan the Service or Software to any other party, except as specifically permitted by this Agreement;
  3. make the Service or Software accessible to others through a service bureau agreement or some other related commercial time-sharing or third-party training arrangement;
  4. annoy, threaten, or otherwise cause an individual or organization pain, unwanted attention, or discomfort;
  5. post or otherwise distribute any illegal, hazardous, violent, abusive, harassing, defamatory, vulgar, pornographic, or hateful content, or content that is racially, ethnically, or otherwise unacceptable, or content that violates the rights of any third party;
  6. upload or distribute any material that (i) Violates another party’s patent, trademark, trade secret, copyright, or other proprietary rights (ii) you cannot transmit  information subject to a confidentiality arrangement between you and another party; (iii) contains pornographic images or other offensive material; or (iv) is harmful to minors in any way.
  7. send promotional emails , spam, or bulk commercial email; 8. impersonate another person or entity, or falsely claim or otherwise distort your association with another person or entity;
  8. deliberately or inadvertently violate any applicable local, state, national, or international law, including, but not limited to, any regulations of legal force;
  9. interfere with or interrupt the Service or Software, or servers or networks linked to the Software, or refuse to follow any network specifications, protocols, policies, or regulations.
  • You accept that you are entirely responsible for (and that Dadan has no responsibility to you or any third party for) any violation of your responsibilities under these Terms, as well as the repercussions (including any failure or harm sustained by Dadan as a result of such a breach). If  any financial penalty or other costs incurred (including investigation expenses) from Dadan’s server hosting facility, internet service provider, or other providers as a result of your use of the Software, you must immediately compensate Dadan for any penalties, costs, or expenses.
  • You agree that any materials (such as data files, written text, computer software, music, audio files or other sounds, photos, videos, or other images) that you may have access to as part of or via your use of the Service is solely the responsibility of the person from whom such materials originated, which may be you.
  • While Dadan aims to provide correct and up-to-date information on the Web, Dadan makes no guarantees or representations as to its accuracy. Dadan acknowledges no liability or responsibility for any mistakes or representations of the Site’s content (the “Content”).
  • While Dadan will maintain adequate administrative, physical, and technological protections to protect the security of the Services and data in compliance with Dadan security standards, you will be responsible for the security of your account, passwords (including but not limited to administrative and User passwords), and images, as well as all uses of your account.
  • The Site can include links to other sites on the Internet which are controlled and operated by Third Party Providers and other third parties (the “External Sites”). You agree that Dadan is not accountable for the availability of, or the materials located on or around, any External Sites. If you have any questions about the links or the materials on those External Sites, you can contact the site administrator or webmaster for those External Sites.
  • You accept that by visiting the Site, you can come across content that you find unsafe, inappropriate, aggressive, obscene, or objectionable, and you agree that Dadan will have no accountability to you for the Content, which may include obscene language and other highly offensive content. You agree not to impersonate someone or communicate using a false name or a name to which you are not entitled or allowed. Dadan reserves the right (but not the obligation) to delete, ban, edit, or discontinue any Content on the Site, including User-
  • You maintain full ownership of any content you upload or other material you send using the Service (collectively, “Your Content”).   You give Dadan and its associates a voluntary, worldwide, royalty-free, non-exclusive permit of using, reproducing, and viewing your Content specifically to provide you with the Service. Dadan will not use or share Your Content to any third party without your consent. You reflect and warrant that Your Content is your original work product and is not based on or derived from a third party’s proprietary knowledge or materials.
  • Moreover, you acknowledge and guarantee that your use of the service in conjunction with Your content or third-party content adheres to all relevant laws, including, but not limited to, copyright law. You also give each Service user a non-exclusive permit to access Your Content through the Service. Once you remove or delete your content from the service, the permissions granted for your content are to be expired after a reasonably acceptable period of time ; however, you acknowledge, accept, and approve that Dadan can maintain, but not view, server copies of Your Content that has been removed or deleted. You permanently and irrevocably allow Dadan and its affiliates to use and view any comments you send through the Service. You agree to protect, indemnify, and keep Dadan and its associates harmless from and against any and all allegations arising from Your Material.
  • At your convenience, you can occasionally provide Dadan with feedback on the usability and efficiency of the Service , including finding potential defects, changes, adjustments, bug fixes, or improvements (“Feedback”). If you suggest any Input, whether by your assessment or otherwise, you hereby grant ownership of all Feedback to Dadan. If Dadan cannot acquire ownership of the Feedback, you give Dadan a permanent, irreversible, royalty-free, worldwide right and permission to utilize, duplicate, publish, sublicense, share, change, and otherwise exploit such feedback without limitation. You accept that Dadan should reveal that Feedback to any third party in any manner, and that Dadan is free to sublicense all Feedback in any form to any third party.
  • There may be places on the Website where extra terms and conditions are applied. In the event of a disagreement between the terms and conditions of such other areas and these Terms for the purposes of using such areas, the terms and conditions of the other area will dominate. Dadan reserves the right to amend these Terms at any time by updating this posting. You are bound by all such amendments and should therefore return to this page on a regular basis to check the new Terms to which you are bound.
  • You shall not send to Dadan or upload to this Site any Malicious Code nor shall you use or misrepresent the data on this Site for commercial benefit. “Harmful Code” means any software (also known as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots,” or “trap door devices”) that: (a) is specifically intended to damage, interrupt, disable, harm, impair, interfere with, intercept, expropriate, or otherwise hinder any data, storage media, program, or device; , that includes, but not limited to (i) exceeding an amount of copies (ii) exceeding an amount of subscribers, (iii) passage of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain function; or (b) would allow an unauthorised user to cause such result; or (c) would allow an unauthorized person to access another person’s information without such other person’s permission.
  • You cannot use your username and password for any unauthorized reason.
  1. Monitoring and Enforcement; Termination

Dadan has the right to:

  • Delete or reject to post any of your content for any or no reason at our convenience
  • Take any action with respect to Your Content that we find essential or reasonable at our absolute discretion including whether we conclude that Your Content breaches these Terms, infringes any intellectual property right or other right of any individual or agency, endangers the personal protection of Service users or the general public, or may expose Dadan to liability.
  • Take necessary legal proceedings, including, but not limited to, referring any illegal or improper use of the Service or the Site to law enforcement.
  • In the event of a violation of these Terms, we have the right to cancel  or discontinue  your access to all or part of the Service or the Site.

Without restricting the generality of the above, we reserve the right to fully comply with any law enforcement authorities or court order requiring or ordering us to reveal the identity or other details of anyone posting any materials on or through the Service or the Site. YOU Exempt AND Maintain HARMLESS DADAN AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY Allegations Arising FROM ANY ACTION TAKEN BY ANY OF THE Aforementioned PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS, AS WELL AS FROM ANY ACTIONS TAKEN AS A RESULT OF INVESTIGATIONS BY EITHER SUCH PART.

However, we do not pledge to review Content until it is posted on the Service, and it is possible for us to guarantee the timely removal of inappropriate material after it has been posted. As a consequence, we take no responsibility for any action or inaction regarding transmissions, correspondence, or Content produced by any user or third party. We have no liability or duty to anyone for the performance or nonperformance of the activities mentioned in this section.

VII. Indemnity

You consent to disbar, protect, and hold Dadan and its directors, officers, agents, vendors, associates, and employees safe from and against any loss, liability, lawsuit, demand, damages, costs, and expenses (including fair attorney’s fees) arising out of or in connection with I any accusation that any of Your Content infringes or misappropriates any intellectual property or other property; or (ii) any allegation that any of Your Content infringes or misappropriates.

VIII. Intellectual Property Rights

You consent to disbar, protect, and hold Dadan and its directors, officers, agents, vendors, associates, and employees safe from and against any loss, liability, lawsuit, demand, damages, costs, and expenses (including fair attorney’s fees) arising out of or in connection with I any accusation that any of Your Content infringes or misappropriates any intellectual property or other property; or (ii) any allegation that any of Your Content infringes or misappropriates.

Dadan holds and will continue to hold all right, title, and interest in and to all aggregate and statistical data or analyses produced and developed by Dadan from performance and usage data generated by your use of the Website, Service, or Software (collectively, “Aggregate Data”) (as between the parties). Aggregate Data is de-identified, which means you cannot be identified as the source of the Aggregate Data.

  1. Copyright Protection

The United States Digital Millennium Copyright Act (“DMCA”) gives copyright holders redress if they believe their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you feel that any material uploaded or otherwise made available on the Service violates any copyright that you own or control, please inform us using our DMCA process, which is available here. In compliance with the DMCA and other relevant regulations, we have implemented a policy of terminating the accounts of customers of the Service who are considered to be serial infringers in appropriate circumstances and at our absolute discretion. Dadan can also, in its absolute discretion restrict access to the Service or terminate the account of any consumer who infringes on the intellectual property rights of others, whether or not the infringement occurs on a repeat basis.

  1. Addendum on Data Processing

To the degree that Dadan handles personal information on your behalf in delivering the Service that is subject to the EU General Data Protection Regulation (“GDPR”), the terms of Dadan’s data processing addendum, which is hereby incorporated by reference, shall apply, and the parties consent to comply with such terms. Regardless of the above, Dadan agrees to such regulating state law if you serve an individual or agency subject to state law mandating that such state’s laws regulate your use of the Services.

XII. Disclaimer of Warranties

THE Content, Information, AND SERVICE ON THIS WEBSITE ARE Given “AS IS,” “AS AVAILABLE,” WITHOUT Guarantees OF ANY Sort, Expressed OR IMPLIED DADAN ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS, OR SERVICES POSTED ON THE SITE. DADAN MAKES NO GUARANTEE OF THE SERVICE’S AVAILABILITY OR UPTIME. DADAN DISCLAIMS ALL Guarantees, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER Infringement OF RIGHTS TO THE Maximum EXTENT PERMITTED BY LAW. LIMITATIONS, DELAYS, AND OTHER Issues INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS MAY OCCUR IN THE SERVICE. DADAN IS NOT LIABLE FOR ANY DELAYS, DELIVERY Problems, OR OTHER DAMAGE CAUSED BY SUCH PROBLEMS, INCLUDING INTERNET Traffic, Malware Infection, AND DENIAL OF SERVICE (DOS) ATTACKS.

XIII. Limitation of Liability

DADAN OR ITS THIRD PARTIES WILL  NOT BE RESPONSIBLE FOR ANY INDIRECT, ACCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE. THAT INCLUDES LOSS OF DATA OR PROFIT, CAUSED BY THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE SERVICE, EVEN IF DADAN HAS BEEN INFORMED OF THE PROBABILITY OF SUCH LOSSES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

DADAN’S AND ITS LICENSORS’ Complete AND AGGREGATE Responsibility, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT Surpass THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO DADAN FOR THE SERVICE DURING THE SIX (6) MONTHS PRIOR TO THE DATE THAT A CLAIM OR DEMAND IS CONFIRMED, EVEN IN THE CASE OF DADAN BEING PREVIOUSLY INFORMED ABOUT THESE DAMAGES. OU ASSUME ALL COSTS IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE REQUIRES SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR Restriction OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSION OR LIMITATION ABOVE Does NOT APPLY TO YOU.

XIV. Entire Agreement; Modifications

These Terms represent the parties’ contractual agreement regarding the subject matter hereunder and supersede all plans, previous consultations, and communications between the parties on the subject matter. No negligence or delay in implementing a right or exercising a remedy can be construed as a waiver of the right or remedy. Each of these Words is an independently implementable clause. If any clause of these Terms is found to be or becomes unenforceable or unconstitutional, that provision shall be reformed to the degree required to ensure that these Terms continue to be in place in compliance with their terms as changed by such reformation. Until expressly agreed upon in writing, these Terms cannot be changed, substituted, revised, or interpreted by any trade use or prior course of dealing. In the case of litigation involving the application or interpretation of these Terms, the winning party may be paid acceptable attorneys’ fees and expenses.

  1. Force Majeure 

Dadan shall not responsible for any delays to meet its obligations under the contract if such delay or failure results from any cause or causes beyond Dadan’s rational control. Such factors shall include, but are not limited to, acts of God, earthquakes, explosions, loss of power or other services, labor strikes, or delays by you in fulfilling any of your obligations under this agreement.

XVI. Dispute Resolution

Any conflict arising out of these Terms and Sale shall be resolved exclusively by state or federal courts located in San Francisco County, California, and you hereby agree to the jurisdiction of such courts. Any dispute, controversy, or argument caused by, relating to, or arising from these Terms and any associated regulations to these Terms, including, without limitation, their formation, validity, binding effect, interpretation, performance, violation, or termination, as well as non-contractual claims, shall be referred to arbitration before the American Arbitration Association (“AAA”) in compliance with the AAA Rules. The arbitration will take place in San Francisco, California. The language of the arbitral process would be English. Without violating this Section or limiting the arbitrator’s authority, the parties can apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other provisional or conservatory relief as required. The arbitrator has the authority to grant some form of individual or equitable relief, including injunctive relief. These Terms do not waive any of your rights or privileges to make a claim individually in binding arbitration, rather than as part of a class action. This clause, which prohibits you from initiating, entering, or engaging in class action litigation, is a separate covenant. You can opt-out of this Section by notifying us in writing within thirty (30) days of the date you first use the Site or Service. Regardless of the above, if you serve an agency or organization that is subject to state law that requires different dispute resolution terms, Dadan commits to certain state legal guidelines.

XVII. Questions and Comments

If you have any questions related to these Terms, please e-mail Dadan on [email protected]

XVIII. Notices

Both updates about these Terms and the Service will be sent to you in writing, either by e-mail using the contact details you provided during registration or by posting on the Site. Notice will be considered provided one (1) business day after Dadan’s e-mail transmission or two (2) business days after the date of posting.

Delivery

The activation of account and services shall be delivered to the user via an email within 24 hours of receiving the payments.

 

Refunds

As the core of the delivery is a non-reclaimable service, there are no refunds applicable to the user, and any cancellations will take effect the next payment date of the billing cycle.

 

Governing Law

Your use of the Service and these Terms shall be governed by, and construed in accordance with, the internal laws of the Kingdom of Saudi Arabia, and all claims relating to or arising out of your use of the Service or these Terms, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the Kingdom of Saudi Arabia.

 

Disclaimer of Warranties

THE MATERIALS, CONTENT ON THIS SITE AND SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. DADAN SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. DADAN MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, DADAN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DADAN IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, SHALL DADAN OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF DADAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

DADAN’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO DADAN FOR THE SERVICE DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED, EVEN IF DADAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.