End-User License Agreement

Last Revised: January 17, 2023

This End-User License Agreement (“EULA”) is between DLD Technologies Corporation (“Deledao” or “We”) and you (the “End-User” or “You” or “Your”) and governs the End-User’s download and/or use of the software product application, including any update or upgrade (“Software”), the End-User’s access to and use of the Deledao website (“Site”), and any browser extensions, mobile applications, web filtering and online services that We provide (collectively, “Services”).

Binding Agreement. This EULA constitutes a binding contract between the End-User and Deledao. You may not use the Software and Services if You do not accept the terms of use (“TOU”) in this EULA. By downloading and/or using the Software, or by accessing and using the Site and/or Services, You agree to be bound by all the TOU set forth in this EULA. If You are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where You live, You must have Your parent or legal guardian accept this EULA on Your behalf and approve Your use of the Software.
Updates. We reserve the right to update the TOU at any time without notice to You. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located on the Site, so please check back regularly. By continuing to use the Software after revisions become effective, You are agreeing to the revised TOU. If You do not agree to the revised TOU, please stop using the Software. The current version of this EULA is posted at https://www.deledao.com/eula, the latest version of the Privacy Statement is posted at https://www.deledao.com/privacy, and the Terms of Service are posted at https://www.deledao.com/terms. It is Your responsibility to remain informed of any changes as You are bound by the latest version of the EULA, Privacy Statement and Terms of Service.
License. Subject to the TOU of this EULA, Deledao hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to the Software and Services.
Your Deledao Account. To use the Software, You will need to create an account, either through Deledao or through Your school. In the latter case, personal information You provide to Your school, such as your name, email address and other information Your privacy settings on that service allow us to access, will be used to create Your Deledao account.
1. You are responsible for safeguarding your Deledao login credentials. You are responsible for activity on Your account, whether or not You authorized that activity. You should immediately notify Deledao of any unauthorized use of Your account.
2. There are password protected administration accounts managed by school administrators and teachers (“Admin”) accounts and parents (“Parent”) accounts, collectively (“Admin Accounts”). The Admin Accounts are used to access restricted areas of the Services. By signing up for an Admin Account, You represent and warrant that You are the Admin or the Parent. You agree to provide true, complete, and updated information to Deledao. In case You forget your password, We will send the instruction to Your provided email address to help reset Your password.
Restricted Use. You may not use the Software, Site and Services for commercial purposes or for research projects. If the Service is illegally installed on Your devices, then You should immediately terminate Your use of the Services. In such cases, Deledao is not liable or responsible for the damages resulting from improper use or installation of the Services; the administrators that implemented Deledao's Services are liable for resolving the aforementioned issue and You are responsible for initiating contact with these administrators.
Ownership. All right, title and interest in and to the Software, Site and Services, including without limitation all copyrights, patent rights, trademark and service mark rights, trade secret rights and other intellectual property rights are and will remain the property of Deledao and such items may only be used by You as expressly permitted hereunder.
Your Use of the Services. You may only use the Software, Site and Services as permitted by law, including all applicable federal, state, local or international laws and regulations. Do not, for example: Access, tamper with, or use non-public areas of Deledao, Deledao’s computer systems, or the technical delivery systems of Deledao’s providers; Probe, scan, or test the vulnerability of any Deledao system or network or breach any security or authentication measures; Decipher, decompile, disassemble or reverse engineer any of the software used to provide Deledao Services; Violate the privacy of others; Violate any applicable law or regulation; Interfere with the access of any user, host or network, including introducing any virus to, overloading, flooding, spamming, or mail-bombing Deledao, or introducing any other material or content which is malicious or technologically harmful; Attack Deledao via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of Deledao; Attempt any of the above, or encourage or enable any other individual to do any of the above. We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Third-Party Services. The Software may use third-party services to provide functions you ask for. For instance, the YouTube API service is used to obtain and display the metadata of YouTube videos, such as categories and channel names. By using the Software, you also agree to be bound by the Terms of Services of the below third-party services.
1. YouTube Terms of Services (https://www.youtube.com/t/terms)
Copyright Infringement of Others. We respect the intellectual property rights of others and expect You to do the same. It is Deledao’s policy to terminate the Deledao account of anyone who infringes the copyright or intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, Deledao will respond expeditiously to claims of copyright infringement committed using Deledao as reported to our Designated Copyright Agent <legal@deledao.com>.
Termination. We may terminate or modify Your access to and use of the Software, Site and/or Services, at our sole discretion, at any time and without notice to you, for example, if you are not complying with these TOU or if you use the Software, Site and/or Services in any way that would cause Deledao legal liability or disrupt others’ use of the Software, Site and/or Services. You may cancel your account at any time, although We will be sorry to see You go. If We suspend or terminate Your use of the Software, Site and/or Services, We will use reasonable efforts to let You know in advance and help You retrieve data, though there may be cases (for example, flagrantly violating these TOU) where We may suspend Your account immediately without further notice or assistance.
Availability of and Access to Services. Deledao will attempt to provide continuous availability and access to Services. In the event that we are unable to provide access for reasons beyond our control, we will communicate the reasons for the outage and expected duration of the outage clearly and explicitly to the Customer. Those outages could be due to third parties that the Services depend on, such as, but not limited to Amazon Web Services. While we will make commercially reasonable attempts to back up all Customer data, in the event of disaster, the Customer may have to reconfigure the Services to get it back to the state it was in before the outage. Deledao and its third party service providers have implemented and maintained commercially reasonable technical and organizational security measures designed to meet the following objectives: (a) ensure the security and confidentially of Customer data in Deledao and/or its third party services providers’ custody and control; (b) protect against anticipated threats or hazards to the security or integrity of Customer data; (c) protect against unauthorized access to or use of Customer data; (d) encrypt Customer’s content and data during transmission by Deledao and its third party service providers using https connections; and (e) ensure that Deledao's return or disposal of Customer data is performed in a manner consistent with the foregoing. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures to access you data for improper purposes. You acknowledge that there are risks inherent in internet connectivity that could result in the loss of your privacy, confidential information and property.
Warranty Disclaimers. THE SOFTWARE IS PROVIDED “AS IS”, AND DELEDAO DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, OR QUIET ENJOYMENT. DELEDAO DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE DOES NOT CONTAIN ANY VIRUSES. DELEDAO WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SOFTWARE. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DELEDAO. DELEDAO WOULD NOT PROVIDE THE SOFTWARE ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY OF DELEDAO’S CUSTOMERS OR SUPPLIERS UNDER OR BY VIRTUE OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE. SOME STATES DO NOT ALLOW THE TYPES OF DISCLAIMERS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.
Liability Limitation. IN NO EVENT SHALL DELEDAO, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS OR CUSTOMERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF DELEDAO ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO DELEDAO IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DELEDAO. DELEDAO WOULD NOT PROVIDE THE SOFTWARE AND SERVICES TO YOU ABSENT SUCH LIMITATION.
Terms of Paid Subscriptions. If You purchase a subscription to the Services via the Site (“Online Subscription”) or pursuant to any ordering document (“Order Form Subscription”), the following terms of subscription will apply to You:
1. Subscription Term. The Services are provided on a subscription basis for a term defined in the Online Subscription, or on the Order Form Subscription, as applicable (each, a “Subscription Term”).
2. Cancellation. You may cancel Your subscription at any time; however, You are responsible for advance payment of the entire Subscription Term. Fees are non-refundable based on the Subscription Term purchased and not actual usage. Payment obligations for the Subscription Term to which You subscribe are non-cancelable.
3. Renewals. For Online Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term. Online Subscriptions can be cancelled directly at deledao.com. For Order Form Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term, unless cancellation is requested in writing (including by email to support@deledao.com) at least thirty (30) days prior to the expiration of the then-current Subscription Term.
4. Billing and Payment. If You purchase a subscription to the Services via credit card, debit card or other payment card (collectively, “Credit Card”), You hereby authorize Deledao (or its designee) to automatically charge your Credit Card in accordance with the applicable Online Subscription or Order Form Subscription. If Your payment is not successfully settled for any reason, You remain responsible for any amounts not remitted to Deledao.
5. Late Payments. Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection). Deledao may terminate Your subscription if You fail to promptly pay any outstanding fees.
6. Taxes and Fees. You are responsible for all sales, use, value added or other taxes of any kind, other than taxes based on Deledao’s net income. You are also responsible for any payment-related fees such as wire transfer or Credit Card processing fees.
7. Expenses. You are responsible for all fees or expenses related to accessing or using the Services that are extrinsic to the Services. This includes, without limitation, Your own internet service provider fees.
Privacy. Your privacy is important to Deledao. We take the protection and security of Your user information very seriously and will treat any and all such information in accordance with our privacy statement which is currently posted at https://www.deledao.com/privacy (“Privacy Statement”). The Privacy Statement is incorporated into this EULA by this reference. You agree to the use of Your data in accordance with Deledao’s Privacy Statement.
General.
1. Non-assignability. Your rights and obligations under this EULA may not be transferred or assigned without the prior written consent of Deledao.
2. Partial Invalidity. If any provision of this EULA is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect.
3. Governing Law. This Agreement shall be deemed to have been made and shall be governed by the laws of the State of California in all respects, without regard to the principles of conflicts of law, including matters of construction, validity and performance. The venue of any dispute arising under this Agreement will be in the Supreme Court of California.
4. Notices. All notices may be sent by email, fax, or express mail to the email address, fax number, or street address most recently provided and will be effective upon transmission.
5. Entire Agreement, Modifications. This EULA and any updates that are posted on Deledao’s Site set forth the entire agreement and understanding between You and Deledao with regard to the subject matter hereof and supersede any and all prior agreements between us.