Terms of Service

Definitions

Client(s) means legal entities or natural persons who register themselves on the Website or Mobile App and use it and the Mobile App according to these Terms for the purpose of using the Services.

Content means any messages, emails, chats, comments, videos, audio clips, music, data, text, photographs, Mobile App, scripts, graphics or any other content generated, provided or otherwise submitted by the Clients and other users to Ding in the course of using Ding.

Services means the information services provided by Ding, offering a capability for generating, acquiring, transforming, processing, retrieving, submitting and making available Content to recipients via third-party communications and information services, as specified in clause 3 below.

SLA means a service level agreement that stipulates the levels of service of the Website, Mobile App and Services that Ding is generally able to provide to its Clients.

Mobile App means web-based interface, mobile app, API and other downloadable and integrable Mobile App developed and maintained by Ding for the purpose of provision of the Services.

Terms means these Terms of Service and all terms, policies and guidelines incorporated into the Terms by reference, including, but not limited to, Privacy Policy and SLA. In the event of any conflict between the SLA, the Privacy Policy and these Terms, these Terms shall prevail.

Ding means DING FYI COMMUNICATION TECHNOLOGIES INC., a corporation registered in Ontario, Canada.

Privacy Policy means the Privacy Policy of Ding that stipulates the basics of processing of personal data that the Clients submit to Ding in connection with using the Website, Mobile App and Services.

Website means the Website of Ding https://ding.fyi

1. Acknowledgement/Consent

• By accessing, viewing, logging-in to, creating an account or using the Website, Mobile App, Services, the content provided thereon or their functionality, or by requesting and registering for the Services, you acknowledge and agree to be bound by these Terms.
• You understand as well that by creating an account on the Mobile App, you give the consent on behalf of Ding acknowledgment of the terms of processing of personal data as stipulated in the Privacy Policy.
• You also acknowledge that under applicable law, some personal data can be processed with your consent and that Ding reserves the right to undertake such processing when appropriate.
• You confirm and guarantee that at all times while using the Website, Mobile App and Services you have all the necessary consents and authorizations for processing of all personal data that you submit to Ding. You oblige to inform Ding immediately of the withdrawal of the consent for processing of personal data submitted to Ding, of the expiry of legal grounds for processing, modification, inaccuracy or change to the submitted personal data.
• When using Services for direct marketing, you are responsible for complying with all the legal requirements in connection with direct marketing and data subjects’ rights. Ding is only providing the online platform for processing, generating and making available Content to recipients via third-party communications and information service providers, but you are solely responsible for the content of your Content processed using the Services. You understand that there are different legal rules for direct marketing in different countries. When you use Services for direct marketing, you must comply with all requirements for direct marketing of the country, where the receiver of the direct marketing Content is residing. If you do not agree with these Terms, you may not use the Mobile App or the Services to delete your account and must discontinue use immediately.
• Your continued access to the Website, Mobile App and/or use of the Services, as described above, signifies your acceptance of the Terms.

2. The Services

• The data processing Services provided by Ding offer you a capability for generating, acquiring, transforming, processing, retrieving and making available Content via communications and information services, including inter alia messages, emails, chats, notifications, alerts, reminders, confirmations, marketing campaigns. The Services are provided via the web-based interface, mobile applications or gateway access that can be integrated into your own website. Additionally, Ding can provide Mobile App maintenance, upgrades and customer support that enable you to customize the Services in accordance with your specific needs.
• Ding may update the Website, Mobile App and Services from time to time, and may change the content on the Website at any time. Please note that although Ding makes reasonable efforts to update the information on the Website, any of the content on the Website may be out of date at any given time, and Ding is under no obligation to update it. Ding makes no representations, warranties or guarantees, whether express or implied that the content on the Website is accurate, complete or up to date.
• This TOS is available on the website at https://ding.fyi You should carefully read and accept the terms of this prior to any use of the all Services.

3. Use of the Services

Ding provides the Services in accordance with:

• To use the Services, the Clients must create an account on the Website and sign up. The Clients register themselves by their authorised representatives. To register, representatives shall provide the information requested including name, email address, age range and password.

When accessing and using the Website, Mobile App and/or the Services, you warrant that:

• You are an eligible user and are at least 13 years of age.;
• You have the legal capacity and authorization to agree to these Terms;
• All information supplied by you is true, accurate, current and complete and you will keep the information accurate and up-to-date;
• You are responsible for and will safeguard your log-in credentials, including your log-in password and you will supervise and be completely responsible for any use of the Services with these log-in credentials, including by any and all of your authorized users. You must treat user identification code, password and any other security information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you, knows your user identification code or password, you must promptly notify Ding at support@Ding.fyi
• You have read, understood, and agreed to the Terms.
• Ding reserves the right at its sole discretion to decline or refuse access to the Website, Mobile App or Services at any time and for any reason, including, but not limited to, in case of breach of these Terms.
• Ding has the right to disable any user identification code or password, whether chosen by you or allocated by Ding, at any time, if in the reasonable opinion of Ding you have failed to comply with any of the provisions of these Terms.
• It is your sole responsibility to ensure that your use of the Website, Mobile App and Services complies with all applicable laws. Ding will not be responsible and/or liable in the event of your non-compliance.
• You are responsible for making all arrangements necessary for you to have access to the Website, Mobile App and Services.
• You are also responsible for ensuring that all persons who access the Website, Mobile App and Services through your internet connection are aware of these Terms, and that they comply with them.
• Ding may on its sole discretion close an account of the Client if the Services are not used by the Client for a continuous period of 12 months. Ding will not be under any obligation to restore access to or use of the data contained in the account nor shall be under any further obligation, including providing a copy of any data contained in the account. Non-use of the Services shall include a failure to log in to the account or use the Services.
• If the Client wishes to close its account, it can be done by logging into the account, navigating to the account settings page and selecting “Close my account”. The account will be closed immediately after the request is received and processed by Ding. Once processed, the Client can recreate an account at any point in the future if it decides to use the Services again (except deleted contacts and Content).

4. Pricing and Payment

• The price payable for the provision of the Services is set out on the pricing page of the Website. You agree to pay all fees required in full for use of the Services requested by you, which as described on the Website and Mobile App, are exclusive of Harmonized Sales Tax in Canada (“HST“). You will be liable for and will reimburse Ding for all sales, VHST or other taxes imposed in connection with or arising from the provision of the Services. Ding reserves the right to change its prices at any time with 30 days notice, provided that any such changes shall be posted on the Website and or Mobile App. The fee payable by you for the Services shall be the fee applicable at the date when you submit an order for the Services.
• In the event of non-payment, regardless of whether the Services have already been supplied, Ding shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including but not limited to legal fees incurred in the pursuit of collection of fees due and payable under these Terms.
• Pursuant to the terms available on the pricing page of the Website and or Mobile App, the Services will be billed either monthly or annually according to which is chosen by the Client.

5. Refunds, Upgrades, Downgrades and Cancellations

• Ding does not offer ANY refunds on any paid versions of its software. Downgrades can be requested and processed at any time on both annual or monthly plans and will be effective on the next billing cycle if the change request was submitted at least three business days prior to the renewal of the subscription.
• Upgrades can happen at any time and will be processed immediately and effective once the full payment is received. Upgrades will be prorated based upon the difference between the current and future monthly or annual rates.

6. Responsibilities

By using the Website, Mobile App or Services, the Clients acknowledge and agree that they are solely responsible for:

• Obtaining and maintaining all computer hardware, Mobile App and communications equipment needed to access the Website, Mobile App or Services, and for paying all access charges (e.g. ISP, telecommunications) incurred during use;
• Payment of the fee for all requested Services in full;
• Abiding by these Terms and ensuring that all of the Client´s authorized users abide by these Terms;
• For all Content that the Clients generate or make available while using the Services as described below.

7. Content Sent Through Ding

• Ding does not claim ownership of, verify or control over the Content generated, acquired, provided, transformed, made available, processed or otherwise submitted by the Clients to Ding in the course of using the Website, Mobile App and Services. The Clients and other users are solely responsible for all Content they generate and submit to Ding and Ding accepts no liability whatsoever for such content. Ding uses such Content to provide the Services only.
• By providing their Content to Ding, the Clients grant Ding a world-wide, royalty free, non-exclusive license to process the Content solely for the purpose of and to the extent necessary for providing the Services.
• Ding reserves the right at its sole discretion to remove, screen or edit without notice any Content at any time and for any reason.
• By using the Services you agree not to upload, generate, transform, submit, send, make available or otherwise process any Content that is offensive, threatening, promotes violence, promotes any illegal activity, is obscene, defaming, pornographic or otherwise harmful, represents unauthorized copies or distributions of copyrighted work or other intellectual property or is contrary to law or otherwise objectionable.
• Ding has the right to disclose your identity to legal institutions upon request.
• Ding will not be responsible, or liable to any third party, for the content or accuracy of any Content submitted or sent by you via the Website or Service.
• Ding has the right to remove any Content you generate, acquire, transform, retrieve, submit, send, make available or otherwise process on the Website if, in its opinion, your Content does not comply with the content standards set out in these Terms.

8. No Unlawful or Prohibited Use

• You must abide by these Terms and expressly agree that you will not use the Website, Mobile App or Services to do any of the following which is strictly prohibited:

Engage in inappropriate behaviour, including:

• Use the Website, Mobile App or Services in any way that breaches any applicable local, national or international laws or regulations;
• Harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of others (including privacy, publicity and proprietary rights).
• Misrepresent your identity or impersonate any person or entity, including, but not limited to, any Ding personnel;
• Engage in unlawful, fraudulent, misleading or deceptive business practices;
• Generate, acquire, transform, retrieve, submit, send, make available or otherwise process harmful Content, including to minors, in any way;
• Generate, acquire, transform, retrieve, submit, send, make available or otherwise process Content that may be deemed as unsolicited or unauthorized advertising, promotion, junk mail, spam, pyramid schemes, chain letters or any other form of solicitation or fail to comply with applicable privacy and communications laws;
• Generate, acquire, transform, retrieve, submit, send, make available or otherwise process Content as a commercial message without the required prior opt-in and a clear opt-out mechanism;
• Generate, acquire, transform, retrieve, submit, send, make available or otherwise process Content as advertising messages, without the recipient requesting them and/or which do not comply with the applicable laws on mobile and direct marketing;

9. Cause damage or disruption, including:

• Introduce or attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of the Website, Mobile App or Services;
• Attempt to hack into, damage, disable, overburden, or impair Ding´s servers or networks or disrupt, disable or otherwise impair the proper working of the Website, Mobile App or Services, including but not limited to any acts of reprogramming, decoding and tampering;
• Engage in any activity that shall cause or encourage damage or harm of any kind against Ding, or any group or individual;
• Change, edit, translate, adapt, disassemble, decompile or reverse engineer any Mobile App programs or scripts used by Ding in connection with the Website, Mobile App or Services;
• In any way diminish the quality of, interfere with the performance of, or impair the functionality of, the Website or Services;
• Fail to comply with or disobey any requirements, procedures, policies or regulations of Ding related to the Website, Mobile App or Services;

10. Gain unauthorised access, including:

• Attempt to gain unauthorized access to the Ding computer network or to any user’s accounts;
• Use technology or other means to access unauthorized content or non-public spaces including without limitation, the use of “bots,” “spiders,” or “crawlers”;

11. Conducting of unlawful and criminal behaviour, including:

• Engage in conduct that would constitute a criminal offence, or encouraging others to engage in such conduct or that would violate applicable laws and regulations;
• Use of the Website, Mobile App or Services in any way that constitutes or violates any law or regulation, and you specifically agree to comply with all applicable laws regarding the transmission of data from the jurisdiction, which governs your activities;
• Misuse of the Website, Mobile App or Service for illegal or unauthorized purposes.
• You are responsible for configuring your information technology, computer programmes and platform in order to access the Website, Mobile App and Services.
• You must not misuse the Website, Mobile App and Services by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, Mobile App or Services, the server on which the Website and Mobile App are stored or any server, computer or database connected to the Website and Mobile App. You must not attack the Website and Mobile App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. Ding will immediately report any such breach to the relevant law enforcement authorities and disclose your identity to them, if known to Ding. In the event of such a breach, your right to use the Website, Mobile App or Services will cease immediately.
• When a breach of any provision of this clause 9 or any other provision in these Terms has occurred, Ding may take any such action as it deems appropriate.
• Failure to comply with these Terms constitutes a material breach of terms upon which you are permitted to use the Website, Mobile App and Services, and may result Ding taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use the Website, Mobile App and Services;
• Immediate, temporary or permanent removal of any Content uploaded, generated, acquired, transformed, retrieved, submitted, sent, made available or otherwise processed by you via the Website, Mobile App or Services;

12. Issue of a warning to you;

• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• Further legal action against you;
• Disclosure of such information to the law enforcement authorities as Ding reasonably feels is necessary.
• Ding excludes liability for actions taken in response to breach of these Terms. The responses described in these Terms are not limited, and Ding may take any other action that it reasonably deems appropriate

13. Intellectual Property

• Ding, the Ding logo and all other trademarks, service marks, graphics and logos of Ding used in connection with the Website, Mobile App and Services are the property of Ding.
• All copyrights, trademarks, patents, trade secrets and other intellectual property rights contained in the Website, Mobile App and Services are the sole property of Ding or its licensors, each of whom reserves all rights with regard to such materials. Other trademarks, service marks, graphics and logos of any third parties are the trademarks of their respective owners. No marks may be copied, imitated or used, in whole or in part, without the prior written consent of Ding or the consent of the applicable trademark holder.
• Hereby Ding grants to you the world-wide, non-exclusive and non-transferrable license to use the Website and Mobile App on the terms and conditions stipulated in these Terms.
• You may print off one copy, and may download extracts, of any pages(s) from the Website for your personal use and you may draw the attention of others within your organization to content posted on the Website.
• You must not modify the paper or digital copies of any material you have printed off or downloaded in any way, and you must not use any illustration, photographs, video or audio sequences or any graphics separately from any accompanying text.
• The status of Ding (and that of any identified contributors) as the authors of content on the Website and Mobile App must always be acknowledged.
• You must not use any part of the content of the Website, Mobile App or Services for commercial purposes without obtaining a license to do so form Ding or its licensors.

14. Data Protection, Collection and Privacy

• Any personal data that the Clients provide when using the Website, Mobile App or Services will be used in accordance with the Privacy Policy.
• In addition to cases described in the Privacy Policy, Ding may process your data while visiting the Website, when data is automatically received and recorded from your browser on the server logs of Ding, including log in information, browser type and version, operating system and platform, IP address, browser and session information, cookies, and the requested pages. Ding does that to improve the Website and the Services and also to understand trends, including:

• to monitor patterns of usage, such as login dates and volumes of data as to understand how the Website, Mobile App and Services are used;
• for security reasons, including identification and authentication;
• Ding collects and provides to its Clients the data you provide Ding as well as location data collected while using the Services and Mobile App. This data is used for segmentation purposes in order to target communications and alert purposes.
• for statistical and analytical purposes;
• to monitor and prevent fraud and abuse.

Notwithstanding the above, visitors of the Website may browse it anonymously and no personal data will be collected about them, unless separately provided to Ding.

15. Use of Cookies

• Ding uses on the Website the standard technology called “cookies.”
• Cookies are small text files that are downloaded to a computer or mobile device of visitors of websites. Cookies are used in order to make websites work, or work in a better, more efficient way. They can do this because websites can read and write these files, enabling them to recognize the visitors and remember important information that will make use and navigation of a website more convenient. Some cookies, known as ‘session cookies’, expire at the end of the browser session. Other cookies, known as ‘persistent cookies’, are stored on a computer or mobile device between browser sessions. For more information about cookies, please visit www.cookiecentral.com or www.aboutcookies.org.
• Ding cookies do not gather any personal data and any information gathered using cookies is compiled on an aggregate and anonymous basis. Ding uses cookies to offer a better service to you.
• Ding uses on its Website authentication, session and analytics cookies and the cookies of third party tracking services.
• The Website contains an alert about cookies usage. By giving consent for application of cookies on the Website, you agree with the application of cookies.

16. Third Party Websites

• The Website, Mobile App or Services may contain links to websites, which Ding does not control and which are operated by third parties. If you access third party websites, you do so at your own risk. Ding is not responsible, directly or indirectly, for the content of third party websites or any damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website.

17. Disclaimer & Limitation of Liability

• The Website, Mobile App and Services shall be provided on an “as is” and “as available” basis. To the extent permitted by law, Ding excludes all warranties, conditions, representations or other terms of any kind, which may apply to the Website, Mobile App or Services, including that the Website, Mobile App or Services are suitable for your intended use, error-free, fault-free, reliable, timely, entirely secure, virus-free or available. Any representation, condition or warranty, which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. Ding is dependent on the reliability of the internet and your use of your own device to access the Website, Mobile App and Services, and therefore Ding makes no guarantees as to the outcomes or results in using the Website, Mobile App or Services. Although Ding does everything that it can to keep disruptions to a minimum, the Website, Mobile App or Services may be from time to time temporarily suspended to carry out maintenance and support work and for other purposes as appropriate.
• The Services shall be provided at a professional level of quality conforming to generally accepted industry standards and in compliance, in all material respects, with all applicable laws, regulations and rules. Ding will make its best efforts to maintain the Website, Mobile App and the Services and provide necessary support to the Clients.
• The Services offer a capability for generating, uploading, acquiring, transforming, processing, retrieving, submitting, sending and making available Content via communications services to your designated recipients. Ding does not send or cause to be sent any Content, which is the responsibility of the applicable mobile network operator, information service provider or telecommunications provider. Whilst Ding shall use all commercially reasonable efforts to make available Content to the applicable mobile network operator, information service provider or communications service provider as quickly as possible, the delivery of all messages to designated recipients is the responsibility of such operator or provider. Ding does not accept liability, if delivery does not succeed due to an action, omission or any other failure of the relevant mobile network operator, information service provider or communications service provider.
• Therefore, Ding will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• Use of, or inability to use the Website, Mobile App or Services;
• Use of or reliance on any content displayed on the Website or in the Mobile App;
• The failure of a mobile network operator, information service provider or communications service provider to deliver Content to the designated recipient.

• Ding will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, Mobile App or Services or due to you downloading any content from it, or from any website linked to it.
• Further, Ding shall not be liable for the acts, omissions or cessation of services by any third parties. Ding shall not be liable or responsible for third party activities over which Ding has no control.
• Ding shall not be liable for any cost, expense, loss of income, revenue or business arising from any circumstance, which are beyond its control, including but not limited to delays, losses, errors or omissions resulting from system or power failure, unavailability or failure of any communications service, information service or other data transmission system or internet facilities, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, strike, governmental restrictions, change in any law or regulation.
• Any Content contained in the Services provided by any user does not constitute any endorsement or recommendation by Ding of such Content or information. Ding therefore disclaims any and all liability and responsibility arising from any reliance placed on such Content by anyone who may be informed by it. You acknowledge that Ding has no control over Content which is contained and which passes through the Website, Mobile App or Services or how the Services are used by users. Ding does not screen or moderate Content or its source. Ding is not responsible or liable for the effect of Content on users nor is liable for any inaccurate, incomplete or inappropriate Content, which shall be your sole responsibility on uploading, providing, generating, transforming, retrieving, submitting, making available or otherwise processing such Content.
• Although Ding implements electronic and physical security to reduce the risk of improper access or manipulation of data, Ding cannot guarantee the security or integrity of data and shall have no liability for breaches of security, integrity or interception in transit, nor for any damage which may result to your computer or other property by your use of the Website or Services.
• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Ding OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, BUSINESS INTERRUPTION OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, SALES, BUSINESS, GOODWILL, REPUTATION, REVENUE, PROFITS OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, Mobile App OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, Mobile App OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE, Mobile App OR SERVICES, OR FOR ANY INFORMATION OR OTHER CONTENT OBTAINED THROUGH OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, Mobile App OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, Mobile App OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, Mobile App AND SERVICES.
• Subject to clause above, the total liability of Ding to you in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstance exceed the price of the Services ordered.
• Nothing in these Terms of Service excludes or limits the liability of Ding for death or personal injury, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

18. Indemnification

• You agree to defend and indemnify Ding from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Website, Mobile App and/or Services or otherwise from your violation of these Terms or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

19. Modification & Termination

• Ding may modify these Terms or terminate your use of the Website, Mobile App or Services at any time at its sole discretion. Ding reserves the right to modify, suspend, or discontinue any part of, aspect, feature or functionality of the Website, Mobile App or Services at any time for any reason without prior notice. Continued use of the Website, Mobile App or Services shall be deemed to be acceptance of any modified or updated Terms including any changes in the prices of Services.
• Ding reserves the right to terminate your use of the Website, Mobile App or Services at any time for any reason, including but not limited to a violation of these Terms, which shall be determined at the sole discretion of Ding.
• The Client´s obligation to pay all fees incurred and owed before suspension or termination of the Service, shall continue after suspension or termination of the Services.
• Upon termination, for any reason, you agree to immediately cease using the Website, Mobile App and Services and Ding shall have no obligation to you after any termination.
• Upon any termination, the rights and licenses granted to you herein shall terminate and you must cease all use of the Services.

20. Governing Law, Jurisdiction & Severability

• These Terms shall be governed by the laws of Canada and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Canada.
• The Courts of Canada shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms. If any provisions of these Terms of Service are deemed or become invalid, the validity of the other provisions shall not be affected.

21. Disclaimer of Warranties

• Ding does not control or guarantee the availability or performance of the Services. You agree that Ding is not liable for any issues, damages or disruptions arising from your use of the Services.
• The Services are provided “as is”. Except to the extent prohibited by applicable law, Ding and its affiliates and licensors make no warranties (express, implied, statutory or otherwise) with respect to the Services, and to the maximum extent permitted under applicable law, disclaim all warranties, including, but not limited to, warranties or merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any usage. Ding does not warrant that the Services will be uninterrupted, accurate or error free, or that any Content will be secure or not lost or altered.
• You accept and agree that any use of Output from the Services is at your sole risk and you will not rely on output as a sole source of truth or factual information, or as a substitute for professional advice.

22. Limitation of Liability

• Neither Ding nor any of its affiliates or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if Ding has been advised of the possibility of such damages. Ding’s aggregate liability under this clause will not exceed one hundred dollars ($100). The limitations in this section apply only to the maximum extent permitted by applicable law. Some countries, Provinces or States do not allow the disclaimer of certain warranties or the limitation of certain damages, so some of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

23. Indemnity

• If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless Ding, Ding’s affiliates and personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of the terms of this TOS.

24. Modification

• Ding may modify this TOS or terminate your use of the Services at any time at its sole discretion. Ding reserves the right to modify, suspend, or discontinue any part of, aspect, feature or functionality of the Services at any time for any reason without prior notice. Continued use of the Services shall be deemed to be acceptance of any modified or updated terms of this TOS.