DIM Websites: Software and Services Shopify ECommerce Software
Vendor Software
DIM Websites: Software and Services may sublicense software developed by third-party vendors to its customers based on a written agreement between DIM Websites: Software and Services and the vendor regulating the licensing terms.
By purchasing vendor software, the customer agrees to the license agreement related to the software provided by the vendor. The vendor’s license agreement is available via a direct link on the product page and/or vendor website.
DIM Websites: Software and Services provides updates for vendor software purchased at DIM Websites: Software and Services website in accordance with the duration stipulated in the license agreement of the respective vendor. The latest versions of the purchased software available to the customer can be found in the customer’s account. DIM Websites: Software and Services reserves the right to exclude any product from sales at any time. In such a case, DIM Websites: Software and Services will cease to develop and offer updates for such products.
DIM Websites: Software and Services offers its customers, who are entrepreneurs, support for vendor software purchased from DIM Websites: Software and Services in accordance with the terms of free support provided by the vendor. This may include 90 days of free support with an option to extend the support period or support services provided as part of a product subscription by the vendor. Support services provided by DIM Websites: Software and Services may include pre-sale consultations, product functionality consultations, installation, and configuration consultations. Further support services are provided by the vendor according to the vendor's support policy and may include but are not limited to issue verification on non-customized environments, issue verification on the customer's environment, issue resolution, and debugging if such resolution is possible or viable.
All other terms and conditions stipulated in this agreement are equally valid for DIM Websites: Software and Services and vendor software.
Website Registration Procedure and Customer Account
If the customer provides DIM Websites: Software and Services with the respective consent for the processing of customer’s personal data, DIM Websites: Software and Services will provide the customer with marketing information on new products or updates of products via the customer’s account, email, notification feed in customer admin areas, or ads shown in the extensions.
In accordance with the eighth package of restrictive measures against Russia by the EU, DIM Websites: Software and Services shall unilaterally cease to provide any and all services to the residents of the Russian Federation, including but not limited to IT consulting services, consulting services related to the implementation of computer hardware, including but not limited to hardware installation services and computer networks, including any and all software installation, configuration, and maintenance services.
Guarantee
DIM Websites: Software and Services provides its customers with a guarantee of bug-free functioning of the software. The guarantee period is 1 month and commences on the day of the conclusion of the license agreement between DIM Websites: Software and Services and the customer.
The customer may claim a bug in the software by written notice, email delivered to DIM Websites: Software and Services, the support system, or chat.
DIM Websites: Software and Services does not guarantee bug-free functioning of the software and does not guarantee support inquiry investigation in case:
- The customer does not use the latest version of the software.
- The customer has modified/customized the software.
- DIM Websites: Software and Services does not guarantee the bug-free functioning of its software in combination with third-party products.
Support and Bug Fixing Policy for Customers
Basic support service grants the customer the possibility to report any bugs experienced while using the software. DIM Websites: Software and Services shall try to fix the bugs as soon as possible and in accordance with the Support License Agreement. The customer may purchase a support subscription add-on as available on the website or upgrade to a higher subscription tariff at any time to receive additional support services. Within an active support subscription or product subscription, DIM Websites: Software and Services does not guarantee bug-free functioning of the software to customers.
Shopify
DIM Websites: Software and Services Shopify apps and extensions are separate products developed from scratch due to the fundamental changes in the logic, architecture, and code structure of the new platform. They are not considered upgrades of Shopify.
Customization and Development Services
DIM Websites: Software and Services, under the customer's order, may render customization and development services. In such a case, DIM Websites: Software and Services and the customer should conclude the Agreement for Software Customization and Development Services. This agreement ensures that DIM Websites: Software and Services will perform the works for the customer as determined by such Agreement, while the customer agrees to accept the results of work and pay the relevant costs.
These terms and conditions govern the relationship between customers and DIM Websites: Software and Services regarding customization and development services if the Agreement for Software Customization and Development Services wasn’t signed. In this case, if the customer has not signed the Agreement for Software Customization and Development Services, they are not entitled to refuse to pay for customization and development services, referring to the absence of the signed Agreement. Payment must be made in the order and amount that the parties agreed upon during written negotiations via email communication or in a Statement of Work.
To ensure lawful use of the Standard Software that is not transferred to the customer as part of customization and development services, the customer is required to purchase such Standard Software in accordance with the present terms and the End-User License Agreement.
The customer makes payments for the Software Customization and Development Services by transferring funds to DIM Websites: Software and Services within five (5) business days after the date the invoice is provided by DIM Websites: Software and Services, unless otherwise agreed.
No Warranties
The customer understands and agrees that any intellectual property objects provided are at their sole risk and are provided "as is". The customer is solely responsible for any consequences of cooperation and use of any intellectual property objects provided, including any loss in profit or reputation, loss of data, cost of procurement, or other intangible loss.
Ownership
DIM Websites: Software and Services retains all rights to intellectual property objects, its components, any content, and other intellectual property. All trademarks, service marks, and trade names are owned, registered, and/or licensed by DIM Websites: Software and Services. The customer does not acquire a license or any ownership rights to any trademarks, service marks, or trade names according to these terms and conditions.
The customer understands that any comments, feedback, or ideas provided to DIM Websites: Software and Services are provided on a non-confidential basis, and the customer grants to DIM Websites: Software and Services a perpetual, worldwide license to use all comments, feedback, and ideas without notice, compensation, or acknowledgment for any purposes, including developing, manufacturing, marketing products and services, and creating, modifying, or improving products and services.
Indemnification
The customer agrees to protect, defend, indemnify, and hold harmless DIM Websites: Software and Services and its affiliates against any and all claims, fines, penalties, and expenses related to or resulting from various circumstances, including the breach by the customer of these terms and conditions, negligent acts, errors, omissions, or misconduct, violation of applicable laws, or arising from any injury or damage caused by the customer.
DIM Websites: Software and Services will give the customer notice of any matters giving rise to a claim for indemnification. The customer shall cooperate with DIM Websites: Software and Services, take control of the defense and investigation of such matters. DIM Websites: Software and Services may participate in and observe the proceedings at its own cost and expense.
Confidentiality
Confidential Information means information of commercial value which is kept confidential by DIM Websites: Software and Services. The customer undertakes the obligations to keep the confidentiality of the Confidential Information received from DIM Websites: Software and Services.
The obligations on keeping the Confidential Information will remain in force within five (5) years after the moment of its disclosure.
Restrictions
The customer must not:
- Use information obtained from the cooperation with DIM Websites: Software and Services directly for making profit, use it in a manner contrary to law or these terms and conditions.
- Copy and/or distribute, modify and/or otherwise use the Software in conflict with these terms and conditions.
- Reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to gain access to the source code, except as provided by DIM Websites: Software and Services within the End-User License Agreement.
- Use access to the Software, Website, and any other information for the purpose of any activity that competes with DIM Websites: Software and Services’s business.
- Try to interfere with the operation of the Website or Software.
The customer agrees that DIM Websites: Software and Services may take all necessary measures to prevent and cease violations of the terms and conditions, including removing the customer's account without prior notice and any refunds.
Limitation of Liability
DIM Websites: Software and Services shall not be liable to the customer for any direct, indirect, incidental, special consequential, or exemplary damages incurred by the customer. This limitation on liability applies whether or not DIM Websites: Software and Services has been advised of the possibility of any such losses arising. In no event will DIM Websites: Software and Services be liable for any failure or delay in fulfilling or performing any term due to circumstances beyond its reasonable control.
Applicable Law and Dispute Resolution
Any issue not agreed upon in these terms and conditions will be governed by the laws of the United Kingdom. The parties will endeavor to resolve all disputes, controversies, and claims through negotiations. If disputes cannot be resolved through negotiations, they shall be resolved in the United Kingdom Trade Inspection or using the ODR platform.
Final Provisions
These terms and conditions have been valid and effective since August 19, 2022. These terms and conditions shall be effective for new customers from the moment of customer account creation until termination in accordance with the present terms. The customer’s account is terminated from the moment the customer sends a written notice to DIM Websites: Software and Services.