Terms of Service
Dwellingright Inc. ("Dwell", "us", "our", or "we"), a company incorporated in the State of Delaware has developed a mobile application that allows users to organize their lives, store information, set reminders, receive information about best practices, and share information with others ("App"). These Terms of Service ("Terms") govern your access to and use of the App and the services available thereon ("Services"). Our Privacy Notice, available at https://www.dwellingright.com/m-privacy_notice ("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means an individual using the App and/or Services.
Please read these Terms carefully. By clicking on the button marked "I agree" you signify your assent to these Terms. Changes may be made to these Terms from time to time. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not use the Services.
Use of Services
Subject to these Terms, Dwell allows you to access and use the App and Services on a non-exclusive basis. Dwell may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of the Services.
Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you have the ability to form a binding contract, based on your age and otherwise;(d) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the App and/or Services.
As part of the Services, Dwell may, at its sole discretion, provide advice or guidance concerning life practices, such as, for example, related to scheduling medical or other appointments; refilling prescriptions; handling home, auto, or other maintenance matters; managing financial matters; or renewing identifying documentation ("Life Practices"). Although the Life Practices are intended to offer potential assistance in managing your lifestyle, the Life Practices in no way constitute legal, medical, financial, or other professional advice. It is your sole responsibility to manage your lifestyle and to determine whether or to what extent you rely on the information provided as part of the Life Practices.
Account Registration
In order to use the Services, you will need to have a registered account. Account types may include a "Standard Account," a “Shared Account,” or a "View-Only Account". Based on the type of account for which you register, different Services may be available to you. To complete the registration process, you must provide all registration information as requested by us. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services.
Dwell may refuse to open an account for any individual at its sole discretion.
You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Dwell will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Dwell harmless for any unauthorized, improper or illegal use of your account and any charges and taxes incurred. If you have notified us via e-mail at hello@dwellingright.com that your account has been compromised and have requested that we block access to it, we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Services.
Termination of Account
Within the App, you have the option to share the Personal Data within your account with Other Users. To the extent that sharing settings are configurable, please ensure that the settings are configured in accordance with your preferences.
You agree that Dwell may for any reason, at its sole discretion and without notice, suspend or terminate your account, and may remove any Content (as defined below) associated with your account and take any other corrective action it deems appropriate. Grounds for such termination or suspension may include (i) violation of the letter or spirit of these Terms, (ii) fraudulent, harassing or abusive behavior, (iii) behavior that is illegal or harmful to other users, third parties, or the business interests of Dwell, or (iv) failure to make payment in accordance with the terms specified herein, including chargebacks. If your account is terminated, you may not rejoin Dwell again without express permission. Upon termination of your account, you shall not have any further access to any Content that may be available through your account.
We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
You may request termination of your Dwell account at any time and for any reason by sending an email to hello@dwellingright.com or may have the option to terminate your account independently through your account settings. Following such request, Dwell shall close your account as soon as reasonably practicable. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.
Joint Accounts and Sharing
You may be able to share the information stored in your account with other Dwell users ("Other User"). Note that when sharing your account, the Other User with whom you have shared your account may have full access to all information and User Content, including Personal Data, stored within your account. When sharing with an Other User, it may be possible to limit the extent of the information being shared. To the extent that sharing settings are configurable, please ensure that the settings are configured in accordance with your preferences.
Through the Services, you may be able to communicate with Other Users with whom you have shared your account, send them reminders, assign them tasks, and/or tag them. Users who have shared accounts may also receive updates or predictions related to an Other User with whom the account is shared.
Fees and Payment
Use of the App may be subject to payment of a fee for download or subscription fee, as may be listed within the app store or other platform from which the App is downloaded or as shall otherwise be communicated to you. Dwell may waive or reduce the applicable fee at its discretion.
You agree to pay Dwell the applicable fees, in accordance with the relevant Services, to the extent such fees have not been waived or reduced. You will be asked to provide customary billing information such as name, billing address, and debit, credit card, or banking details. either to Dwell or a third party. You hereby authorize the collection of such amounts by charging the debit card, credit card, or bank account provided, either directly by Dwell or indirectly via a third party. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's Personal Data collection practices. Please review such terms and conditions and privacy policy before using such services.
Where applicable, taxes may also be charged. All payments are exclusive of any taxes, except otherwise provided. Except as expressly provided in these Terms, fees are non-refundable.
Please note that Dwell may impose or deduct foreign currency processing costs on or from any payments or payouts by Dwell in currencies other than U.S. dollars. When converting currency, prices may be rounded up to the nearest whole number.
Content
Certain types of content may be made available through the Services. "Content" as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, reports, recommendations, best practices, and any modifications or derivatives of the foregoing. Dwell may allow you to upload certain content including but not limited to images, pictures, documents, medical information, insurance information, educational information, information about upcoming appointments, contacts, and calendars, on or through the Services, referred to herein as "User Content".
You may have the opportunity to add User Content to the App in a number of ways, including by completing questionnaires, uploading documents or images, sending content to the App via email, or by giving the App access to systems within your mobile device, such as your calendar, contacts, or pictures.
DWELL DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY USER CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE USER CONTENT. DWELL DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT DUE TO DWELL's GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
User Content Restrictions
Dwell has no obligation to accept, display, or maintain any User Content. Moreover, Dwell reserves the right to remove and permanently delete any User Content uploaded by you, without notice and for any reason. You are and shall remain at all times fully and solely responsible for any User Content that you upload to the Services. You represent and warrant that any User Content that you upload (i) complies with applicable law; (ii) does not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral rights; and (iii) that you have all necessary rights, licenses, consents and authorities to submit such User Content.
Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or act in any way that: (1) restricts of inhibits use of the Services; (2) violates the legal rights of others, including defaming, abuse, stalking or threatening users; (3) infringes (or results in the infringement of) the intellectual property rights, moral rights, publicity, privacy, or other rights of any third party; (4) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, violent or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (5) does not comply with all applicable laws, rules and regulations; (6) imposes an unreasonably or disproportionately large load on our infrastructure; or (7) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component, or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
Dwell may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that Dwell reserves the right to treat User Content as content stored at the direction of users for which Dwell will not exercise editorial control except when violations are directly brought to Dwell's attention.
Content comes from a variety of sources. You understand that Dwell is not responsible for the accuracy, usefulness, safety, appropriateness, or infringement of any intellectual property rights of or relating to Content originating from third parties (including but not limited to the User Content). Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such offensive or obscene materials. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto. It is also possible for others to obtain Personal Data about you due to your use of the Services, including through any User Content that you make available to Other Users through your account. Any Other Users receiving or viewing User Content may use information you provided through such User Content (such as your contact details, location or description of an entity you represent) for purposes other than what you intended. We are not responsible for the use of any Personal Data that you disclose on the Services or through any User Content by any third party. By making any information available through the Services, you acknowledge that you understand and have agreed to such risks.
Use Restrictions
You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the App or Services without our prior written authorization, including framing or mirroring any part of the App or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) use the App or Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the App or Services; (5) use or access another user’s account or password without permission; (6) use the App or Services or content thereon in any manner not permitted by these Terms.
Intellectual Property
Dwell or its licensors, as the case may be, have all right, title and interest in the App, Services, and any Content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Content of the App or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the App and/or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the App should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Dwell or any third party. If you provide the Dwell with any feedback regarding any Content on the App and/or Services, Dwell may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
You have all right, title and interest in the User Content you submit. By submitting or posting any User Content, you grant Dwell and its successors and assignees a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license under any of your intellectual property, moral, or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, alter, or decompile such User Content on, through or in connection with the App as necessary for the provision of the Services and for the development of Life Practices, including through use of machine learning.
User Content that you submit, along with Personal Data, may be used in an aggregate and/or anonymous manner for statistical and analytical purposes. User Content and Personal Data may also be used in order to provide you with targeted information about the services of our affiliate partners and for the development of Life Practices. For example, we may analyze information about users in order to develop predictions and recommendations for other users in a similar demographic. If you click on links or advertisements related to third-party services, the relevant third party may be collecting information through its website or application, including how many users have been referred through the App.
Disclaimers and Disclaimer of Warranty
All information and Content posted on the App, including Life Practices is for informational purposes only and Dwell provides no guarantees with respect thereto. Your use of the App and/or Services and/or your reliance on Life Practices, is at your sole discretion and risk. The App, Services, and Content thereon, including Life Practices recommendations and reminders, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that the App, Content, Life Practices, and/or Services will be of good quality or useful for your needs.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APP AND/OR SERVICES OR ANY CONTENT OR BEST PRACTICES THEREON, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APP AND/OR SERVICES; OR (II) THAT THE APP AND/OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE APP AND/OR SERVICES, INCLUDING THROUGH BEST PRACTICES.
No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
You acknowledge and agree that Dwell is not a data retention service. You therefore must create backups of your data, and Dwell shall have no responsibility or liability in respect of any loss of, damage to, or corruption of any such data.
Limitation of Liability
In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person's mobile device or computer, resulting from use of the Software, Services, from any Content, or from the conduct of any users of the Services, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Dwell, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us. Portions of the Services, including new features or functionalities, may initially be rolled out as part of a beta version and certain aspects may therefore not be fully refined. You hereby acknowledge these Services constitute a work in progress and may include unresolved issues.
IN NO EVENT SHALL DWELL, ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT DWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE. IF YOU HAVE NOT MADE ANY PAYMENTS TO DWELL FOR THE USE OF THE SERVICES, THEN DWELL SHALL NOT HAVE ANY LIABILITY TOWARD YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Dwell and its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, and/or password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) App and/or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.
Third-Party Content
Certain types of content may be made available through the Services. "Content" as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, reports, recommendations, best practices, links to third-party service providers, and any modifications or derivatives of the foregoing. Dwell may allow you to upload certain content including but not limited to images, pictures, documents, medical information, insurance information, educational information, information about upcoming appointments, contacts, and calendars, on or through the Services, referred to herein as "User Content".
You may have the opportunity to add User Content to the App in a number of ways, including by completing questionnaires, uploading documents or images, sending content to the App via email, or by giving the App access to systems within your mobile device, such as your calendar, contacts, or pictures, or to third party systems in which information is stored.
DWELL DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY USER CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE USER CONTENT. DWELL DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT DUE TO DWELL's GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
Miscellaneous
These Terms shall be governed solely by the laws of the State of New York, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of New York. shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Dwell or enables you to act on behalf of Dwell. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration. The App and the Services are intended for use by residents of the United States.
Last updated: September 2020