“Account” means any accounts or instances created by or on behalf of Client for access to and use of Donut Services;
“Client” means the person or entity placing an order for or accessing Donut Services;
“Client’s Data” means all electronic data, text, messages, photos, videos or other materials, including, without limitation, Personal Data of Users and End Customer, submitted to the Platform by Client or its Users or contained in the Platform as a result of Client’s use of Donut Services;
“End Customer” means, any person or entity other than Client or Users with whom Client interacts using the Services;
“Donut Services” the Platform and all content, services and/or products available on or through the Platform;
“Donut Technology” means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Donut Services;
“Guidelines” means additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Platform or otherwise made available on or through the Donut Services;
“User” means, any individual who is authorized by Client to use the Services, including an Account administrator, employees, consultants, contractors, and agents of Client or its affiliates, and third parties with which Client or its affiliates transact business.
These Terms do not govern the specific terms and the use of Donut’s Service. If you are accessing or using Donut Service then you are subject to our Master Subscription Agreement, or such other written contract as may be separately agreed and signed between you and Donut.
These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Platform after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
We reserves the right to modify the Donut Services or any part or element thereof from time to time without prior notice, including, without limitation: (i) rebranding the Donut Services at its sole discretion; (2) ceasing providing or discontinuing the development any particular Donut Service or part or element of the Platform temporarily or permanently; (3) taking such action as is necessary to preserve our rights upon any use of the Donut Services that may be reasonably interpreted as violation of Donut’s intellectual property rights, distribution of internet viruses, worms, trojan horses,malware, and other destructive activities or illegal activity. As applicable, Client may be notified of such modifications when logging in to the Account.
If the Client does not accept the modification, the Client shall notify us and these Terms will be terminated on the effective date of the modification and the Client should not access or use the platform. The Client’s continued use of the Donut Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. We shall not be liable to the Client or to any third person for any modification, suspension or discontinuance of the Donut Services, or any part or element thereof.
Establishing an Account. Certain features, functions, parts or elements of the Donut Services can be used or accessed only by holders of an Account. The person who wishes to create an Account must: complete the sign-up form on the Platform; and accept these Terms by clicking “Sign up” or other similar button.
Each Client may have only one Account. If several persons need to use an Account on behalf of Client, Client must designate such persons as Users. Each such User shall be subject to the restrictions set forth in these Terms.
If Client has designated Users and granted them authorization, such Users will be deemed to be authorized to act on behalf of Client when using the Account. Donut is not responsible for and shall have no liability for verifying the validity of authorization of any User. However, we may, in our discretion, request additional information or proof of the person’s credentials. If we are not certain if a User has been granted authorization, we may, in our sole discretion, prevent such User from accessing the Donut Services.
A User may be associated with multiple Clients and Accounts. Deleting a User from one Account will not remove the User from the Platform if he/she is connected to multiple Accounts.
The Client and any User associated with an Account must provide us with true, accurate, current, and complete information about the Client, Users or Account and keep it up to date.
Logging Into Account. After the sign up is completed, Client will have a login credentials of username and password (“Login Credentials”) to be used to log in to its Account. If Client has designated several Users, each User will be provided with separate Login Credentials. Client and each User are responsible for keeping confidential all login credentials associated with an Account.
Client must promptly notify Donut: of any disclosure, loss or unauthorized use of any Login Credentials; of a User’s departure from the Client’s organization; of a change in a User’s role in the Client’s organization; of any termination of a User’s right for any reason.
Client’s Account. Client will be responsible for maintaining the confidentiality of User login information and credentials for accessing Donut Services and will notify Donut promptly of any loss, misuse, or unauthorized disclosure of such login information and/or credentials of which Client becomes aware. Donut will not be liable for any damage or loss that may result from Customer’s breach of the foregoing obligations.
Requirement and Acknowledgement. Customer understands that the technical processing and transmission of Donut Services, including any Customer Data provided by Customer, may involve (i) transmissions over various third party networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices, and Client consents to such transmission and changes. Client and Donut acknowledge that Client’s Data may from time to time include personally identifiable information (“Personal Data”) to the extent Client or End Customers upload Personal Data through the Platform. Client agrees that, as with all Client’s Data, the uploading of Personal Data is exclusively within the control of Client or End Customer, as applicable. Any processing of such Client’s Data must be in compliance with these Terms and applicable law. The Client is responsible for ensuring that: (i) the Client and any of the Users associated with the Account do not create, transmit, display or make otherwise available any Client’s Data that violates the terms of these Terms, the rights of Donut, other Clients or Users, the prevailing law or is harmful (for example viruses, worms, malware and other destructive codes), offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful or otherwise unlawful; and (ii) the Client and all of the Users associated with the Account have the necessary rights and valid written consent from the owner of Client’s Data to process, analyze, display, or upload Client’s Data to the Platform.
Guidelines. The following terms apply to Client’s Data submitted or uploaded by the Client: (a) the Client agrees not to upload, post or otherwise transmit any Client’s Data, software or other materials which contain a virus or other harmful or disruptive component, (b) we have the right, but not the obligation, to monitor Client’s Data posted or uploaded to the Platform to determine compliance with these Terms and any operating rules established by us and to satisfy the prevailing law, regulation or authorized government request. Although we have no obligation to monitor, screen, edit or remove any of the Client’s Data posted or uploaded to the Platform, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any Client’s Data posted or uploaded to the Platform at any time and for any reason, (c) We are not responsible for the accuracy or credibility of any Client’s Data, and do not take any responsibility or assume any liability for any actions you may take as a result of reading Client’s Data posted on the Platform.
Client agrees not to use the Donut Technology to: (i) process data on behalf of any third party other than the Users and End Customers; (ii) send unsolicited communications, junk mail, spam, or other forms of duplicative or unsolicited messages in violation of spamming or other laws; (iii) use Donut Service or Donut Technology in violation of applicable law (iv) store or transmit any content that infringes upon any third party’s intellectual property rights; (v) interfere with or disrupt the integrity or performance of the Donut Services and their components; (vi) post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libellous, obscene, or discriminatory; (vii) post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software; (viii) track cookies, ad exchanges, ad networks, data brokerages, or to send electronic communications (including e-mail) in violation of applicable law.
In addition, Client will not: (ix) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Donut Technology available to any third party other than Users and End Customers, and then only in furtherance of its permitted business purposes as expressly permitted by this Terms; (x) modify, adapt, or hack the Donut Technology or otherwise gain or attempt to gain unauthorized access to the Donut Technology, its related systems or networks; (xi) falsely imply any sponsorship or association with Donut; (xii) decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any portion of Donut Technology.
The following terms apply to your conduct when accessing or using the Platform: (a) you agree not to interfere with or disrupt the Platform or the servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Platform, use of the Platform or access to the Platform; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, Donut or any Donut’s employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other Client’s right to privacy, including by harvesting or collecting Personal Data about users of the Platform or posting private information about a third party.
We shall provide reasonable technical support to Client and its authorized User at the reasonable request of the Client. We shall respond to enquiries of support from a Client utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of Clients and Users who have accepted these Terms but do not have an Account may be less expedient or may not occur at all.
The contacts for all enquiries of support are:
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Brand”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Brand present on the Platform is owned by or licensed to Donut. Such Brand is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws. Except with our express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Platform or Brand (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.
The Client agrees to defend, indemnify and hold harmless Donut, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Platform by the Client. Donut reserves the right to takes over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Donut with such cooperation as is reasonably requested by Donut.
Donut may integrate with third party applications (hereinafter "Third Party Application(s)"). Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that Donut is not liable for any Third Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that Donut may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from Donut Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.