These Terms and Conditions ("Terms") constitute a legally binding agreement between revDSM Inc. ("revDSM," "we," "our," or "us") and the enterprise entity ("Client") accessing or using the revDSM platform, including its web and mobile applications (the "Platform"). By accessing or using the Platform, Client agrees to be bound by these Terms and any applicable enterprise license agreement ("MSA") between the parties.
If you are accessing the Platform as an authorized user on behalf of a Client, you represent that you have authority to bind the Client to these Terms.
Subject to the terms of these Terms and any applicable MSA, revDSM grants Client a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for Client's internal business operations during the term of the applicable subscription.
This license does not include the right to sublicense, resell, redistribute, reverse engineer, decompile, or create derivative works based on the Platform or any component thereof.
Access to the Platform is restricted to authorized users under an active enterprise account. Client is responsible for maintaining the confidentiality of all login credentials and for all activities that occur under its account.
Client agrees to notify revDSM immediately of any unauthorized access or suspected breach of account security.
revDSM reserves the right to suspend or terminate access for any user found to be in violation of these Terms.
Client agrees to use the Platform only for lawful purposes and in accordance with these Terms. Client shall not:
The Platform and all underlying technology, software, algorithms, methodologies, data structures, visual interfaces, and content are the exclusive intellectual property of revDSM Inc. and are protected by applicable intellectual property laws.
Client acknowledges that no ownership rights are transferred under these Terms. All rights not expressly granted herein are reserved by revDSM.
Client data generated through use of the Platform remains the property of Client. revDSM may use anonymized, aggregated data derived from Platform usage to improve the Platform, subject to applicable law.
Each party agrees to maintain the confidentiality of the other party's non-public information disclosed in connection with these Terms or any applicable MSA. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, or that is required to be disclosed by law or regulation.
Client agrees not to disclose the architecture, functionality, pricing, or proprietary methodologies of the Platform to any third party without prior written consent from revDSM.
Access to the Platform is provided under a subscription model. Fees are set forth in Client's applicable enterprise order form or MSA. All fees are non-refundable unless otherwise agreed in writing.
revDSM reserves the right to modify pricing upon reasonable advance notice to Client. Continued use of the Platform following notice of a price change constitutes acceptance of the updated fees.
These Terms remain in effect for the duration of Client's active enterprise subscription. Either party may terminate upon material breach by the other party if such breach remains uncured for thirty (30) days following written notice.
revDSM may suspend or terminate access immediately upon: (a) non-payment of fees; (b) unauthorized use of the Platform; or (c) violation of any provision of these Terms.
Upon termination, Client's right to access the Platform ceases immediately. Client data will be retained per revDSM's data retention policy or as specified in the applicable MSA.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." REVDSM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. REVDSM DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REVDSM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO CLIENT'S USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REVDSM'S TOTAL LIABILITY TO CLIENT FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE FEES PAID BY CLIENT IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
Client agrees to indemnify, defend, and hold harmless revDSM and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's use of the Platform; (b) Client's violation of these Terms; or (c) Client's violation of applicable law.
Read the terms carefully. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Hillsborough County, Florida.
revDSM reserves the right to modify these Terms at any time. We will provide advance notice of material changes to enterprise account administrators. Continued use of the Platform following notice constitutes acceptance of the revised Terms.
These Terms, together with any applicable MSA or enterprise license agreement, constitute the entire agreement between the parties with respect to the Platform and supersede all prior agreements, representations, and understandings.
For questions regarding these Terms, please contact: