Terms of Services and Use ("Terms")
Last updated June 17, 2020.
This Website and mobile app and its related services are owned and operated by Dava Tech Group, Inc. ("Dava Tech"), located at 3700 Mansell Road, Suite 550 – Alpharetta, GA – 30022 –United States of America, also protected by a U.S. Patent and Copyrights. You acknowledge that any use of this website/mobile app and any use of Authen Digital® Services (“Services”) (except for third-party APIs and/or services if you agreed to a separate set of terms), is subject to these terms of Service and Use.
- All references to the ‘company,’ ‘us,’ ‘our,’ ‘we’ or ‘Authen Digital®’ means Dava Tech Group, Inc., a company registered under the laws of the State of Georgia, USA, registered with the Secretary of State of Georgia, USA, under control number 15105234:
- All references to ‘you,’ ‘your,’purchaser or the ‘user’ mean the licensed person or persons using the Website/mobile app and/or using the Services via the Website/mobile app. All references to the ‘Website’ shall include reference to all URL’s operated by Dava Tech.
- All references to the ‘Website’ shall include reference to all URL’s operated by Dava Tech.
- ‘Business Day’ means a day other than a public holiday, a Saturday or a Sunday, in the State of Georgia, USA.
- ‘Services’ means any feature provided by us via the Website or any local application (mobile or otherwise), to developers /IT Personnel including without limitation Cloud services, but excluding third-party API services, which are governed by a third-party agreement.
- ‘Communication’ includes communication by website or mobile push notifications.
- ‘Force Majeure Event’ means any event beyond Dava Tech’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government communications, power failure, or equipment or software malfunction, or any law that may be enforced in the US.
- Service Tokens refers to codes used to provide security for Developer /IT staff access to Authen Digital® administrative applications and or software.
- We reserve the right to change these Terms at any time, in our sole discretion. Any such changes in respect of your use of the Services will take effect when posted on the Website.
- It is your responsibility to read and to accept the Terms carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current Terms.
- Failure or delay by Dava Tech in enforcing or partially enforcing any provision of these Terms shall not be construed as a waiver of any rights or Terms.
- Authen Digital® and the cost of the Services are exclusively licensed to the assigned lessee and are not transferable.
- Authen Digital® is offered on multiple platforms. Proper management and deployment of any platform offered by Authen Digital® is the responsibility of the licensee.
- Authen Digital® software and Service are used globally to enhance logins on various third-party applications.
The Software may only be used for lawful purposes and as accordingly, you agree to not misuse Authen Digital®. When using the Software and Service, you agree:
- Not to "Reverse Engineer", change, modify, hack, translate, copy, distribute, pledge, assign, transfer, make derivative works, exploit, encumber or crack any portion of the Software or Service. Unless you are an authorized reseller, you may not display, copy, reproduce, license or distribute the Software, any component thereof, any documentation provided in connection with the Software, or any content, including but not limited to newsletters distributed to you by Dava Tech in connection with the Software. Dava Tech, in its sole discretion, may remove content and block user access to any content that it determines to be illegal, threatening, abusive, or in violation of another's intellectual property.
- The Software is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Software is not available to individuals under the age of 18. By using the Software, you represent that you are over the age of 18. If you do not qualify, you are not permitted to use the Software.
- If you are using Authen Digital® in your capacity as an employee under an administered program, you must have authorization to use the Software by your administrator.You hereby accept and acknowledge that you: (a) Are of legal age to agree to these Terms; (b) Have not previously been suspended or removed from using our Services. If you are using the Services on behalf of a legal entity, you further represent and warrant that: (i) The legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) You are duly authorized by such legal entity to act on its behalf.
JURISDICTION, TERRITORIAL LIMITATIONS & SEVERABILITY
- These Terms and your use of the Website and Services shall be governed by and construed in accordance with laws of the State of Georgia, USA. Any dispute arising in connection with these Terms or your use of the Website or Services will be resolved exclusively in the Courts of the State of Georgia, USA. Nothing in these Terms shall be deemed to affect your statutory rights under laws the State of Georgia, USA.
- If any part of these Terms is held by any Court of the State of Georgia, USA, to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. Any headings contained in these Terms are for informational purposes only and are not enforceable provisions of these Terms.
- We endeavor to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and agree to not hold us responsible for any breach of security.
ASSUMPTION OF RISK, LIMITATIONS ON LIABILITY & INDEMNITY
- Authen Digital® is one component of an overall security solution. Dava Tech makes no representation or warranty whatsoever that the utilization of the Authen Digital® will completely secure or mitigate threats to a Hosted System. Dava Tech support obligations described in these Terms are its sole and exclusive obligations with respect to Authen Digital®.
- You accept and acknowledge that there are risks associated with utilizing an Internet service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Authen Digital®, any of which could lead to extended downtime and financial hardship.
- You accept and acknowledge that Dava Tech will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
- We will use reasonable endeavors to verify the accuracy of any information on the Website but we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Website, information and functions made accessible through the Website, any hyperlinks to third party websites, or the security associated with the transmission of information though the Website or any website linked by the Website.
- We will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of our Services, including but not limited to any losses, damages or claims arising from: (a) User error such as forgotten user ID and passwords, incorrectly constructed transactions; (b) Server failure or data loss; (c) Phishing; (d) Unauthorized access to applications; (e) Any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the Website or Services.
- We make no warranty that the Website, mobile app, or the server that makes it available, are free of errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on the Website.
- Subject to any and all indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under the laws of the State of Georgia, USA.
- We will not be liable, in contract, or tort (including, without limitation, negligence), other than where we have been fraudulent or made grossly negligent misrepresentations.
- Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under the laws of the State of Georgia, USA. 6.9
- We will not share any personal user information with a third party(s) unless required to do so under any governing law.
- The installation and management of the Authen Digital® software requires the generation, use and secure custody of development and production service tokens by the user. You hereby understand that upon using the Service, you will have “Service Tokens.” The Service Tokens will be used by you and only you. You are responsible for maintaining the security of your Service Tokens and records you entered using the Software. Dava Tech has no knowledge of your Service Tokens and will not ask or be permitted to ask for your Service Tokens. Dava tech, will not under any circumstances, have access to your Service Tokens. You agree to not issue your Service Tokens to any third parties and shall not, under any circumstances, issue your Service Tokens to any customer support representative of Dava Tech in the event you contact Authen Digital® for support assistance. Generally, you will agree to not share your Service Tokens with any employee, agent, officer or director of Dava Tech. Dava Tech shall not be responsible for the actions of any individuals who misuse or misappropriate your Service information or other any of your assets using your Service Tokens or the information associated with it.
- These Service tokens must be securely stored and safeguarded. The storage and safeguarding of any Authen Digital® service or developer tokens are the exclusive responsibility of the purchaser.
- Your sole and exclusive remedy for any failure or non-performance of the Software shall be for Dava Tech to use commercially reasonable efforts to adjust or repair the Software. Dava Tech regularly makes fixes, enhancements and upgrades to its Software for the benefit of all customers on paid services plans.
AGREEMENT TO HOLD DAVA TECH HARMLESS
- You agree to hold harmless Dava Tech (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable legal fees, arising out of or relating to our use of, or conduct in connection with, our Services.
- You agree to hold us harmless for any feedback or submissions you provide (GOVERNING LAW, ARBITRATION) Your violation of these Terms; or Violation of any rights of any other person or entity.
- If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
NO LIABILITY FOR THIRD PARTY SERVICES AND CONTENT
- In using our Services, you may view content or utilize services provided by Third- parties, including links to web pages and services of such parties (“Third-Party Content”). We do not control, endorse or adopt any “Third-Party” Content and will have no responsibility for Third Party Content including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.
FEES AND PRICING CHANGES FOR USING THE AUTHEN DIGITAL
- Creating a paid Authen Digital license requires fees for any Services. The applicable fees will be displayed prior to you using any Service to which a fee applies.
- Pricing Changes. Authen Digital® may change the pricing of its products at anytime. Pricing changes will be published on Authen Digital® website or in third-party application stores. All fees and charges incurred in connection with your username and password will be billed to the payment method designated during the payment process. You are responsible for any fees or charges incurred to access the Authen Digital® website through an Internet access provider or third-party service.
NO RIGHT TO CANCEL AUTHEN DIGITAL
- If you opt to purchase a Service to which a charge or fee applies, you will not be able to cancel after you have confirmed that you wish to proceed with the Service. The expiry date for any license purchased is 12 months from the purchase date. You may cancel an active account at any time without refund. Since the Software is delivered in full at the time of purchase and we cannot uninstall it from your device(s), you will not be issued a refund.
LICENSE PURCHASE REFUND
- When multiple licenses are purchased on a single date, it is important to understand that the expiry date for all of the licenses purchased at that time is twelve (12) months from the date of purchase. Such licenses are non-refundable and non-transferrable; caution must be taken to avoid purchase of licenses that may not be activated on a timely basis.
- Customers with questions may contact Dava Tech by email at email@example.com.
DISCONTINUANCE OF SERVICES
- We may, in our sole discretion and with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
SUSPENSION OR TERMINATION OF SERVICES
- Dava Tech, in its sole discretion, may immediately disable your access to the Software without a refund or recourse if it believes you have violated any of the policies listed above or elsewhere in this Agreement.
- When accessing or using the Services, you agree that you will not commit any unlawful act, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Use our Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities.
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
- Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
- Develop any third-party applications that interact with our Services without our prior written consent;
- Provide false, inaccurate, or misleading information; or
- Encourage or induce any third party to engage in any of the activities prohibited under this Section.
INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated by us, all intellectual property rights in the Website, mobile app and any content provided in connection with our Services, are the property of Dava Tech or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the Website.
- You accept and acknowledge that the material and content contained within the Website is made available for your lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Website. You further acknowledge that any other use of content from the Website is strictly prohibited and you agree not to infringe or enable others to infringe on our intellectual property rights.
- You agree to retain all copyright and other proprietary notices contained in the material and content within the Website on any copy you make of the material, but failing to do so shall not prejudice Authen Digital®’s intellectual property rights therein.
- You may not sell or modify the Website materials or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of the materials on any other website or on a file-sharing or similar service for any purpose is prohibited.
- You may not copy any material or content contained on the Website or accessible through the Website without our written permission. Any rights not expressly granted herein to use the materials contained on the Website are reserved by Dava Tech in full.
GOVERNING LAW, ARBITRATION
- This Agreement will be governed by and construed in accordance with the laws of the State of Georgia, USA without reference to conflict of law or choice of law provisions, and applicable federal law (including the Federal Arbitration Act). If a disagreement or dispute in any way involves the Services or these Terms and cannot be resolved between you and us with reasonable effort, the disagreement or dispute shall be resolved exclusively by final and binding arbitration by the American Arbitration Association ("AAA"), and will be conducted before a single arbiter pursuant to the applicable Rules and Procedures established by the AAA. You agree that the arbitration shall be held in the State of Georgia, USA. You agree that the arbiter will apply the laws of the State of Georgia, USA consistent with the Federal Arbitration Act, and will honor and agree to all applicable statutes of limitation. You agree that, unless prohibited by law, there shall be no authority for any claims to be arbitrated on a class or representative basis, and arbitration will only decide a dispute between you and us. Arbitration proceedings must be initiated within one (1) year after the disagreement or dispute arises. If any part of this Arbitration clause is later deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect, except that in no case shall there be a class arbitration.
- We may update or change these Terms from time to time by posting the amended Terms on our website. Such updates or changes shall be effective at the time of posting. If you continue to use the Services after we provide notice of such changes, your continued use constitutes an acceptance of the amended Terms and an agreement to be bound by them. If you do not agree to the amended Terms, you must discontinue your use of the Services.
- If by reason of any Force Majeure Event, pandemic, either you or Dava Tech is delayed or prevented from complying with any of these Terms, then such delay or non-compliance shall not be deemed to be a breach of these Terms and no loss or damage shall be claimed by you or Dava Tech by reason thereof.
NATURE OF AGREEMENT
- These Terms constitute the entire agreement between you and Dava Tech with respect to the subject matter of these Terms and these Terms cancel and supersede any prior understandings and agreements between you and Dava Tech as to that subject matter. You may not assign any of your rights or obligations under these Terms without our prior written consent.