Terms & Conditions
We are Danke Software, Danke Software, we, us and/or our) which own and operate https://dankesoftware.com which includes the Danke Softwarewebsite and all subdomains within the Danke Software website.
Danke Software is an DBA of Fully Scoped Software which is an LLC which provides software design and development and services to help our customers optimize and scale their businesses.
Your use of the Site and any systems included in the delivery of your use of the Site is subject to these Terms and Conditions. By using the Site, you accept and agree to be bound by these Terms and Conditions.
Please note that these Terms and Conditions are subject to changes and updates from time to time, at the sole discretion of Danke Software without prior notice to you. It is your responsibility to check these Terms and Conditions periodically for any changes and updates.
You can determine when we last changed and updated these Terms and Conditions by referring to the “LAST UPDATED” statement. Your continued use of the Site constitutes your acceptance of and agreement to be bound by the current Terms and Conditions which include Changes that may be made from time to time. Should you disagree with the Terms and Conditions, please discontinue your access and usage of the Site.
Your use of the Site and/or any related systems from Danke Software (“the Danke Software Systems”) shall be at your own initiative and risk and in so doing, you are solely responsible for the compliance with all the applicable laws. By using the Danke Software site and or system, you represent and warrant that you are permitted to do so under the applicable laws. You are solely responsible for all access to the Danke Software System using your Internet connection, even if the access is by another person.
We reserve the right to restrict your access to the Danke Software System or part of it. Access to restricted areas of the Danke Software system may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may at our sole and absolute discretion withdraw that permission at any time with or without notice (including when you breach any of these Terms and Conditions).
Text Message Communication Consent
Consent to Receive Text Messages: By submitting your phone number and agreeing to our terms and conditions, you expressly consent to receive non-marketing and marketing text messages from [Company Name], including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive text messages is not required to purchase any goods or services.
Purpose of Communication: The text messages may include updates, alerts, information related to our services or products, promotional offers, and other marketing messages. Frequency of messages may vary.
Opt-Out and Help Information: To stop receiving text messages from [Company Name], you can reply with the word "STOP" to any text message you receive from us. For assistance, reply with the word "HELP" or contact our customer support at [Contact Information].
Fees and Charges: Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Warranty Disclaimer: [Company Name] is not responsible for delayed or undelivered messages.
Privacy Policy: We respect your privacy. Our Privacy Policy [Link to Privacy Policy] will provide further information on how we use and protect your personal information.
Amendments: We reserve the right to amend this agreement at any time. Your continued consent to receive text messages will indicate your acceptance of those changes.
Description Of Service
Danke Software is a software design and development company that provides custom application and software development to our customers, helping them to optimize and scale their businesses.
Danke Software services small to medium sized businesses with existing or proposed application infrastructure, enabling them to deploy custom software and mobile applications in their businesses.
Payment Terms
Payment for Danke Software's products and services are facilitated using a payment gateway service provider through a secured website. However, neither the payment gateway service provider nor Danke Software gives any assurance that the information provided online by a user is secured or may not be read or intercepted by a third party. Danke Software does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user of the service.
Refund Policy
Danke Software believes in making sound decisions and having a “never give up” mindset, hence, unless specifically mentioned in some of our product or services offers, we, by default, employ a Zero Refund policy.
For subscription based products, you may cancel your subscription plan at any given time where your subscription will be valid until the paid period expires.
Neither the product, setup fee, subscription fee nor the services purchased are available for refunds, unless specifically mentioned as an offer.
Transparency on Tax & Danke Software Fees
Danke Software operates with full transparency on our fees. Please be informed that for all Danke Software purchases, the final amount charged to our customers are inclusive of the required 6% Sales and Service Tax (a mandatory tax in the country which Danke Software’s HQ operates in) and the 3% credit card transaction fees.
Indemnity
Danke Software shall not be liable for any potential damages or losses caused by using the Danke Software Software. The Danke Software Software functions as a platform and you acknowledge that the accuracy and legality of the information, data and representations provided by you are solely your responsibility and yours alone.
You further acknowledge that the effectiveness of the campaigns you run on the Danke Software Software are highly dependent on how well you set up your assets and that Danke Software does not guarantee any form of guaranteed performance deriving from your ad campaigns on the Danke Software Software unless specifically mentioned as an offer.
Non-Exclusive Arrangement
You acknowledge and understand that Danke Software is free to render products and services on Danke Software to other customers and that Danke Software does not make its product and services available exclusively to a particular customer, unless specifically agreed upon via a specific contract agreement.
Ownership & Rights
All materials on the Danke Software systems including its text, pictures, videos, look and feel, and content (with the exception of contributed content by Users) contain proprietary and or confidential information that is protected by applicable intellectual property and other laws. We and/or our licensors are the sole and absolute owner of these rights, title and interest in and to their applicable contributions to the Danke Software Software. You may not print or otherwise make copies of any such content without our express prior permissions.
Account Registration, Password & Security
To use and gain access to Danke Software's full range of features offered and made available, you will be prompted to complete the registration process during the onboarding process, in order to establish a Danke Software User Account that grants access to you and you alone (inclusive of your team).
You are responsible for maintaining the security and confidentiality of the pin/password that was provided to you upon your registration with Danke Software and are fully responsible for all activities that occur under your password or account.
Personal Use
Your permission to use the Danke Software Software is personal to you (and/or your company) and non-transferable, and you may not use the Site for other purposes other than as intended by Danke Software. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Danke Software Software except as otherwise expressly provided in the Terms of Service or as specifically authorized in a separate written agreement. Your use of the Danke Software Software and all related products and services is conditional on your compliance with the rules of conduct set forth in these Terms of Service and you agree that you shall not:
Use the Site for any fraudulent or unlawful purpose;
Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights, rights of publicity or intellectual property rights;
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Danke Software Software;
Interfere with or disrupt the operation of the Danke Software Software or the services or networks used to make the Danke Software Software available; or violate any requirements, procedures, policies or regulations of such networks;
Transmit or otherwise make available in connection with the Danke Software Software any virus, worm, or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment;
Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Danke Software Software;
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Danke Software Software;
Remove any copyright, trademark or other proprietary rights notice from the Danke Software Software or materials originating from Danke Software;
Frame or mirror any part of Danke Software without our express prior written consent;
Create a database by systematically downloading and storing Danke Software's content; and
Use any manual or automatic device in any way to gather content or reproduce or circumvent the navigational structure or presentation of the Danke Software Software without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Danke Software Software for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances;
Create links that are unfair and illegal and or presented in a way that is misleading or could suggest any type of association, approval or endorsement by us which does not exist.
Contributed Content
Some of the features on Danke Software may allow you to upload and or submit content (“Content”). By uploading and or submitting any Content, you represent and warrant that you have all right, title and interest to such posted Content, including but not limited to any consent, and authorization from any third party necessary for you to upload or submit the Content. By uploading or submitting Content, you further agree to give us a non-exclusive, royalty-free, perpetual, worldwide, transferable and sub-licensable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The Content so uploaded and or submitted further shall not:
Infringe any intellectual property rights or otherwise constitute breach of any agreement with any person or entity;
Defame, be libelous, unlawfully threaten, harass or otherwise contain subject matters that are objectionable;
Be obscene, pornographic or indecent;
Be irrelevant for the purposes of the Services offered on Danke Software; and/or
Otherwise breach any law, statute or regulation.
External Links
Danke Software may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
Termination
Any content uploaded, submitted and/or posted by users are not necessarily pre-screened or reviewed by us for its appropriateness, reliability and or compliance with any laws, and we do not at any time assume such responsibility. We thus make no representation or warranty of any kind, express or implied as to the content uploaded or submitted by users.
Regardless, without assuming any obligation to do so, we may at our sole and absolute discretion, with or without notice and without liability delete any content, suspend or delete any account that in our sole judgment violates any Term and Conditions. If you become aware of any misuse of our Services by other users, please contact us by sending an e-mail to: admin@danke.software
Without Prejudice
The above is without prejudice to your right to terminate your account and end your use of the Danke Software Software at any time and for any or no reason.
User Representations, Warranties and Indemnities
You are solely responsible for the contents uploaded or submitted on Danke Software and/or the manner with which you have used the Danke Software Software. We do not endorse and have no control over the content. For the avoidance of doubt, any use from your registered account or password shall be deemed to be used and thereby, publication or republication by you, wherever applicable, within the meaning and intent of section 114A of the Evidence Act 1950.
If and when notified by the alleged copyright owner of the content, we shall proceed to remove or disable any access to the content subject to the section 43H of the Copyright Act 1987. You agree to indemnify and hold us, our affiliates, employees and agents harmless from any claim or demand made by any third party, whether actual or alleged that arise out in connection with your use of Danke Software, your violation of any terms of the Terms and Conditions, and/or arising out of in connection with the Contents uploaded or submitted by you on Danke Software.
Disclaimer of Warranty and Limitation of Liabilities
We provide the Danke Software Software on ‘as is’ and ‘as available’ bases. At no times should the estimated campaign performance contents provided in the Danke Software Software be considered or construed as a guarantee of said performance estimation. We make no representations or warranties of any kind as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Danke Software for any particular purpose, and to the fullest extent permissible by the applicable laws, we disclaim all said representations or warranties, express or implied.
It shall be your own responsibility to ensure that any products, services or information available through Danke Software, meet your specific requirements.
Availability of the Danke Software Software
We will use reasonable efforts to ensure that the Danke Software Software is available at all times. However, we cannot guarantee that the Danke Software Software or any individual function or feature of the Danke Software Software will always be available.
In particular, the Danke Software Software may be unavailable during periods when we are implementing or carrying out essential maintenance work. The unavailability of the Danke Software Software or certain content on Danke Software may be due to modification, and temporary or permanent discontinuance which we reserve the right to do so, with or without notice.
You agree that we shall not be liable to you or to any third party for any unavailability, modification, or discontinuance of any content or features.
Survival of Clauses
Clauses 7, and 12-19 will survive the suspension or termination of Danke Software for any reason whatsoever.
Severability
If any term in these Terms and Conditions is or becomes invalid, illegal or unenforceable in any respect under the applicable laws, the validity, legality and enforceability of other terms shall not be affected or impaired in any way.
Governing Law and Entire Agreement
These Terms and Conditions, together with our Privacy Policy, shall constitute the entire agreement between you and us in relation to your use of Danke Software and shall supersede all previous agreements between you and us in relation to your use of the Danke Software Software.
These Terms and Conditions shall be governed by and construed in accordance with the laws of The United States and parties irrevocably submit to the jurisdiction of the courts of The United States to hear and determine any dispute or differences out of and/or in connection to these Terms and Conditions.
