Terms of Service

Last Updated: April 13, 2025

THESE TERMS OF SERVICE (THESE "TERMS") GOVERN YOUR AND YOUR USERS' ACCESS TO AND USE OF THE ONLINE CONTENT, DISTRIBUTION, AND DEVICE MANAGEMENT SERVICES (THE "SERVICES") OFFERED BY DYDOMITE ("DYDOMITE", "WE", "OUR" OR "US"). BY PLACING AN ORDER, CLICKING TO ACCEPT THESE TERMS, OR USING OR ACCESSING THE SERVICES OR RELATED SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

If you are using the Services on behalf of a company or other entity, then "Customer" or "you" means that entity, and you are binding that entity to these Terms. You represent and warrant that you have the legal power and authority to enter into these Terms and that, if Customer is an entity, these Terms and each Order Form is entered into by an employee or agent with all necessary authority to bind that entity to these Terms.

The Services are not intended for children under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the Services with the consent of your parent or legal guardian who agrees to be bound by these Terms.

We may modify these Terms at any time and in our sole discretion. Changes to these Terms will not apply retroactively and will become effective fourteen days after they are posted or fourteen days after the date of our e-mail notice to you (if provided). The date of the latest revision will be noted at the top of this page. Your use of the Services after the date changes become effective constitutes your acceptance of the modified Terms.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST DYDOMITE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. Service Description

DYDOMITE is an interactive feed presentation system designed to allow users to create, manage, and remotely control screen-based presentations. The Service enables you to create collections of media items (images, videos) organized into columns, control presentations remotely, and synchronize content in real-time across devices.

2. Provision of Services

2.1 Service Access

Subject to your compliance with these Terms and payment of applicable fees, DYDOMITE will use commercially reasonable efforts to provide the Services to you, and grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services with compatible devices during your applicable subscription term, solely for your internal business purposes.

2.2 Use by Others

You may permit your Users to use the Services, provided their use is for your benefit only and in compliance with these Terms. You will be responsible and liable for all Users' use of the Services and ensuring your Users' compliance with these Terms.

2.3 Modifications

DYDOMITE reserves the right to make unscheduled updates or enhancements to the Services, and to modify or discontinue, temporarily or permanently, any part of the Services at any time and without notice. DYDOMITE will use commercially reasonable efforts to notify you of the changes but is under no obligation to do so. You agree that DYDOMITE will not be liable to you or any other party for any modification, suspension or deprecation of any material feature or functionality.

2.4 Data Usage Limitations

Services may be subject to usage limits specified in your Order Form or Documentation. If you exceed your contractual usage limit, you will be responsible for the overage charges and DYDOMITE will invoice you for such charges. You will also be solely responsible for any charges you incur under any third-party provider data plan.

3. Account Registration and Requirements

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Responsibility

You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You accept responsibility for all activities that occur under your account.

3.3 Age Requirements

You must be at least 18 years of age to create an account and use the Service. By creating an account and using the Service, you represent and warrant that you are at least 18 years of age.

4. Subscription Plans and Payment

4.1 Subscription Plans

DYDOMITE offers multiple subscription plans, including a free Screensaver Plan and paid Presentation and Enterprise Plans. Full details of each plan's features and limitations can be found on our pricing page.

4.2 Payment Terms

For paid subscription plans, you agree to pay all fees associated with your selected plan. All payments are non-refundable and non-transferable except as expressly provided in these Terms.

4.3 Billing Cycle

For paid subscription plans, you will be billed in advance on a recurring and periodic basis (e.g., monthly or annually), depending on the type of subscription plan you select.

4.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle unless you cancel it or we terminate it. You authorize us to charge your payment method for the subscription fees for the next billing cycle. DYDOMITE will notify you at the email address we have on file in advance of your Renewal Term, and provide you with an option to cancel your subscription.

4.5 Fee Changes

We reserve the right to change our subscription fees at any time. If we change our fees, we will provide notice of the change on the Service or by email at least 14 days before the change takes effect.

4.6 Overdue Charges

If any invoiced amount is not received by DYDOMITE by the due date, then without limiting our other rights and remedies, those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and we may condition future subscription renewals on payment terms shorter than those specified in the original agreement.

4.7 Suspension for Nonpayment

If any charge owing by you is 30 days or more overdue (or 10 or more days overdue in the case of amounts you have authorized us to charge to your credit card), we may, without limiting our other rights and remedies, suspend the Services until such amounts are paid in full. We will give you at least 10 days' prior notice that your account is overdue before suspending services. We also reserve the right to remove and delete all Customer Data from our servers in the event of a suspension under this Section.

5. Free Trials

If you register for a free trial of the Services, we will make the Services available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered, or (b) the start date of any paid subscription you order, or (c) termination by DYDOMITE in its sole discretion.

ANY DATA OR CONTENT YOU UPLOAD INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL MAY BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL BEFORE THE END OF THE TRIAL PERIOD.

During the free trial, the Services are provided "AS-IS" without any warranty and DYDOMITE shall have no indemnification obligations nor liability of any type with respect to the Services for the free trial period unless such exclusion of liability is not enforceable under applicable law.

If you sign up for a free trial, we may require you to provide a valid credit card or other payment method, and, unless timely canceled, you will be enrolled into a paid subscription to the Services upon expiration of your free trial period.

6. Customer Responsibilities and Restrictions

6.1 Customer Responsibilities

You will:

• Be responsible for all Users' compliance with these Terms
• Be responsible for the accuracy, quality, and legality of Customer Data and the means by which you acquired Customer Data
• Use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify DYDOMITE promptly of any such unauthorized access or use
• Use the Services only in accordance with these Terms, the Documentation, the applicable Order Forms, and applicable laws and government regulations
• Comply with terms of service of any Third-Party Applications

Any use of the Services in breach of the foregoing that in DYDOMITE's judgment threatens the security, integrity, or availability of the Services, may result in immediate suspension of your subscription or other access to or use of the Services.

6.2 Usage Restrictions

You will not:

• Make the Services available to anyone other than your Users, or use the Services for the benefit of anyone other than your Users, unless expressly stated otherwise
• Sell, resell, license, sublicense, distribute, make available, rent or lease any part of the Services, or include any part of the Services in a service bureau or outsourcing offering
• Use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights
• Use the Services to store or transmit malicious or harmful code
• Interfere with or disrupt the integrity or performance of the Services or data contained therein
• Attempt to gain unauthorized access to the Services or its related systems or networks
• Permit direct or indirect access to or use of the Services in a way that circumvents a contractual usage limit
• Modify, copy, or create derivative works based on the Services or any part, feature, function or user interface thereof
• Frame or mirror any part of any the Services, other than framing on your own intranets or otherwise for your own internal business purposes
• Disassemble, reverse engineer, or decompile the Services

You also may not access the Services to:

• Evaluate or monitor its functionality or for other benchmarking purposes
• Copy any ideas, features, functions, or graphics of the Services in an attempt to build a competitive product or service
• Determine whether the Services are within the scope of any patent

7. User Content

7.1 Content Responsibility

You are solely responsible for all content, including but not limited to images, videos, text, and other materials that you upload, post, or otherwise make available through the Service ("User Content").

7.2 Content License

By uploading User Content to the Service, you grant DYDOMITE a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content for the purpose of providing and improving the Service.

7.3 Content Restrictions

You agree not to upload, post, or otherwise make available any User Content that:

• Infringes any intellectual property rights or other proprietary rights of any party
• Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
• Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
• Violates any applicable law, regulation, or these Terms

7.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or otherwise inappropriate. DYDOMITE may, but is not obligated to, monitor Customer Data and remove any content or prohibit use of the Services if DYDOMITE believes in its sole discretion the content or use may be (or is alleged to be) in violation of these Terms or any applicable laws or may impact the Services.

7.5 Representation and Warranty

You hereby represent and warrant that:

• You hold all necessary rights, title, and interest in and to Customer Data shared by you on or through the Services or that you have secured all necessary licenses or clearances for the use of Customer Data in connection with the Services
• The use, transmission, and display of Customer Data does not and will not infringe the copyright, patent, trademark, trade secret or other intellectual property right of any third party, or constitute defamation, invasion of privacy, or the violation of any right of any third party

8. Data Backup and Retention

DYDOMITE reserves the right to remove any Customer Data from its servers at any time, for any reason or for no reason at all, though DYDOMITE will make commercially reasonable efforts to alert you of such removal as soon as practicable.

DYDOMITE does not assume liability for Customer Data. It is your responsibility to maintain on-going back-ups of Customer Data, and DYDOMITE shall have no responsibility to back up your data or any liability to you, your Users, or any other party for failing to back-up your data or for any deletion of your data.

9. Personal Data

You agree that you will not use the Services to transmit any personally identifiable information, personal data, financial, medical, or other protected information (collectively, "Personal Data") unless specified in a separate agreement.

If you share or disclose Personal Data through the Services, you will do so solely at your own risk and you represent and warrant that you will:

• Comply with all applicable laws relating to the collection, use and disclosure of Personal Data
• Maintain and abide by a publicly-accessible and available privacy policy, which clearly and conspicuously discloses that you use third-party providers to provide services to your end users and that you may disclose such Personal Data to providers like DYDOMITE
• Make all required notifications and obtain all required consents and authorizations from your end users relating to the disclosure of end user Personal Data
• Assess whether the Services are appropriate for your use with respect to your obligations under any applicable laws or regulations

You will indemnify, defend, and hold harmless DYDOMITE and its suppliers, Authorized Resellers, Affiliates, officers, directors, employees, stockholders, and agents from and against all claims, damages, and costs (including reasonable attorneys' fees) relating to or arising out of your collection, processing, transmission, or otherwise making available Personal Data to or through the Services.

10. Intellectual Property Rights

10.1 DYDOMITE Ownership

The Service and all of its original content, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by DYDOMITE, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

10.2 License to Use

Subject to these Terms, DYDOMITE grants you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your internal business purposes or personal use, as applicable to your subscription plan.

10.3 Restrictions

You may not:

• Modify, copy, adapt, or create derivative works based on the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices from the Service
• Use the Service in any manner that could disable, overburden, damage, or impair the Service
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose
• Use the Service in any way that violates any applicable law, regulation, or these Terms

10.4 Feedback

You may from time to time provide to DYDOMITE suggestions, comments, corrections, or recommendations for enhancements or improvements, new features or functionality or other feedback ("Feedback"). Any Feedback you submit to us will not be considered your Confidential Information. DYDOMITE will have full discretion to determine whether to implement the Feedback.

You hereby grant to DYDOMITE a worldwide, perpetual, irrevocable, royalty-free, and fully transferable license to incorporate the Feedback into any of DYDOMITE products or services, to use, reproduce, perform, display, distribute, prepare derivative works, and to otherwise fully exercise and exploit the Feedback for any purpose, with no expectation or obligation of remuneration of any kind.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and share information about you when you use the Service.

By using the Services, you consent to receiving periodic electronic communications from us relating to our products and services.

12. Third-Party Applications

The Services are or may be integrated with Third-Party Applications. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies.

You understand and agree that DYDOMITE does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third-Party Applications, nor does DYDOMITE warrant the compatibility or continuing compatibility of the Third-Party Applications with the Services.

13. Confidentiality

Each party (the "Receiving Party") understands and agrees that the other party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Confidential Information" of the Disclosing Party).

The Receiving Party agrees to:

• Take appropriate, commercially reasonable measures to protect such Confidential Information
• Use Confidential Information only in connection with these Terms or otherwise for the purpose for which it was disclosed
• Not use or disclose such Confidential Information to any third party without prior express written approval of the Disclosing Party

The Receiving Party acknowledges that an unauthorized disclosure of Confidential Information will cause irreparable harm to the Disclosing Party for which damages alone will not be a sufficient remedy. Accordingly, the Receiving Party agrees that, in addition to all other remedies available to the Disclosing Party in an action at law, in the event of any breach or threatened breach by the Receiving Party of the terms of these Confidentiality obligations, the Disclosing Party will, without the necessity of proving actual damages or posting any bond or other security, be entitled to temporary or permanent injunctive relief.

14. Suspension of Services

DYDOMITE may suspend and deactivate immediately and without notice your use of and access to the Services in the event of:

• A breach or threatened breach of the security or integrity of the Services
• A violation or threatened violation of any restrictions or conditions in these Terms
• Emergency or legal reasons
• Overdue payment

DYDOMITE reserves the right to audit your account and usage of the Services to confirm that your usage is in accordance with the Documentation and these Terms and any applicable Order Forms.

We may also disclose any part of your Customer Data or electronic communication to comply with the law or a government request, or as necessary to protect the rights or property of DYDOMITE or a third party.

DYDOMITE shall not be liable to you, your Users, or any other third party for any suspension under this Section. You will remain responsible for payment of applicable fees during any suspension period under this Section.

15. Disclaimer of Warranties

THE SERVICES AND ANY ASSOCIATED SOFTWARE OR FIRMWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DYDOMITE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES, OR THAT THE SERVICES, SOFTWARE OR FIRMWARE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE.

EXCEPT AS SET FORTH EXPRESSLY HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DYDOMITE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IF YOU ARE FROM NEW JERSEY, THE FOREGOING TERMS IN THE SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATIONS OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF SUCH SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF SUCH SECTIONS.

16. Limitation of Liability

16.1 Limitation of Liability

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DYDOMITE TOGETHER WITH ANY OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER UNDER THESE TERMS FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THESE TERMS.

16.2 Exclusion of Consequential and Related Damages

IN NO EVENT WILL DYDOMITE OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF DYDOMITE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF DYDOMITE'S OR ITS AFFILIATES' REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

17. Indemnification

You will defend, indemnify, and hold harmless DYDOMITE and its Affiliates, suppliers and Authorized Resellers, and their respective employees, officers, directors, stockholders and agents (each of the foregoing, an "Indemnified Party") against any actual or threatened claim, loss, liability, proceeding, governmental investigation or enforcement action arising out of or relating to your activities under these Terms, your use or misuse of the Services, and any claims related to Customer Data (a "Claim").

Each Indemnified Party reserves the right, at your expense, to retain separate counsel for themselves in connection with any Claim or, if you have not responded reasonably to the applicable Claim, to assume the exclusive defense and control of any Claim in which you are a named party and that is otherwise subject to indemnification under this Section.

You will pay all costs, reasonable attorneys' fees and any settlement amounts or damages awarded against an Indemnified Party in connection with any Claim. You will also be liable to the applicable Indemnified Parties for any costs and attorneys' fees they incur to successfully establish or enforce their right to indemnification under this Section.

18. Term and Termination

18.1 Term

The term of this agreement commences on the date you first accept these Terms and continues until all subscriptions have expired or these Terms have been terminated. For regular subscriptions, a Renewal Term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next Renewal Term.

18.2 Termination for Cause

Either party may terminate this agreement upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period. DYDOMITE may also terminate this agreement upon 10 days written notice for your payment default if the default remains uncured after the 10-day notice period.

18.3 Termination by You

You may terminate your account and subscription at any time by contacting us or using the "Cancel Subscription" option in your account settings. Upon termination, you will no longer have access to any features of the Service that require an account or subscription.

18.4 Termination by DYDOMITE

We reserve the right to suspend or terminate your account and access to the Service at any time, for any reason, without notice. If we terminate your account for cause, you will not be entitled to any refund of subscription fees.

18.5 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We may also delete any and all Customer Data from our servers upon termination of your subscription and/or these Terms.

19. International Use

The Services are controlled, operated, and administered by DYDOMITE from its principal offices located in the U.S.A. DYDOMITE makes no representation that the Services are appropriate or available for use at locations outside the U.S.A.

If you access the Services from a location outside of the U.S.A., you are responsible for compliance with all local laws or regulations where you reside.

20. Export Compliance

You may not remove or export from the United States or allow the export or re-export of the Services, Devices, Documentation, and anything related thereto, in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.

You will comply with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control.

21. Binding Arbitration and Class Action Waiver

21.1 Agreement to Arbitrate

You agree that any and all disputes or claims that have arisen or may arise between you and DYDOMITE, whether arising out of or relating to these Terms, the Services, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement.

This Arbitration Agreement does not preclude either party from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.

21.2 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, as modified by this Arbitration Agreement.

Unless the parties agree otherwise, any arbitration hearing will take place in Wake County, North Carolina. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.

21.3 Prohibition of Class and Representative Actions

YOU AND DYDOMITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DYDOMITE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

22. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 14 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

23. Governing Law and Dispute Resolution

23.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions.

23.2 Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Raleigh, North Carolina, using the English language in accordance with the American Arbitration Association (AAA) rules then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

23.3 No Class Actions

You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

24. General Provisions

24.1 Entire Agreement

These Terms form the entire agreement between DYDOMITE and Customer regarding Customer's use of the Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

24.2 Relationship of the Parties

The parties are independent contractors. These Terms does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

24.3 Assignment

You may not, without DYDOMITE's prior written consent, assign, delegate, or otherwise transfer any part of these Terms, or any of its rights or obligations under these Terms, to any party, whether voluntarily or by operation of law, including by way of sale of assets, merger or consolidation. DYDOMITE may freely assign or transfer these Terms.

24.4 Waiver

No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right.

24.5 Severability

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Terms will remain in effect.

24.6 Force Majeure

DYDOMITE shall not be liable to you or any third party for any delay or non-performance of its obligations under these Terms arising from any cause or causes beyond its reasonable control or reasonable control of its suppliers or Authorized Resellers, including, without limitation, any of the following: acts of God, war, fire, flood, civil unrest or commotions, disease, epidemic, pandemic, embargos, or government intervention or action.

25. Contact Information

If you have any questions about these Terms, please contact us:

• By email: legal@dydomite.com
• By mail: DYDOMITE, 8311 Brier Creek Pkwy Suite 105-285, Raleigh, NC 27617, USA