DreamStart Labs: End User License Agreement

DreamStart Labs End User License Agreement (EULA)

DreamStart Labs Terms and Conditions for Users

Before registering for a DreamSave account, users must review the agreement below that explains DreamStart Labs' terms of use. Here is the full agreement:

Agreement Summary

  1. DreamStart Labs is giving you a license to use the DreamSave app. The license is for your own personal use, and the use of your savings groups. You cannot change the DreamSave app or sell it to other people.
  2. Your security is very important to us. DreamSave uses strong security technology to protect your data at all times. Your privacy is also very important. We will never share your personal information without your permission. To read our full data privacy policy, please click here.
  3. You are responsible for protecting your own privacy as well. It is important to keep your passcode secret and never share it with others. You accept any risk associated with unauthorized access to your data.
  4. You are responsible for ensuring your member profile and phone number are accurate and updated. You cannot create a fake identity, attempt to use accounts that are not yours, or misuse DreamSave to harm others.
  5. DreamStart Labs may update the terms of the DreamSave User License Agreement in the future. If so, you will have a chance to review any changes.
  6. This agreement is governed by the laws of California and any disputes you may have against us must be resolved in California. 

DREAMSAVE USER LICENSE AGREEMENT

TO USE THIS APPLICATION YOU MUST AGREE TO WHAT IS WRITTEN IN THIS USER LICENSE AGREEMENT. BY CHECKING “I AGREE” YOU AGREE TO BE BOUND BY EVERYTHING WRITTEN BELOW. IF YOU DO NOT AGREE, YOU CANNOT USE OR REGISTER AN ACCOUNT WITH THIS APPLICATION.


DEFINITIONS

The following defined terms shall mean:

“Agreement” means this End User License Agreement.

“DSL” means DreamStart Labs, Inc.

“Application” means DSL’s “DreamSave” application and computer software programs offered to you over the Internet and via the Google Play store that are accessible by agreeing to this Agreement, including any associated media, printed materials, and online or electronic documentation.

“App User” means you, individually, as the user of the Application. Any references in this Agreement to “you” or “your” mean the App User.

“App Information” means anything provided or displayed by DSL through the Application but does not include any marketing, advertising, or notices displayed by anyone other than DSL or any messages sent by anyone other than DSL.

“Intellectual Property” means intellectual property and/or proprietary rights, registered or unregistered, including copyrights, patent rights (including patent applications), publicity rights, trade secret rights, and Trademark rights.

“Related Services” shall mean any additional services performed by DSL that are necessary for the proper operation of the Application, including routine data processing, notifications, and payment services.

“Trademark” shall mean any protected trademarks, trade names, service marks, and any protections from trademark dilution.


SCOPE OF AGREEMENT

This Agreement is a legal agreement between you and DSL for use of the Application and any Related Services and App Information provided to you. To lawfully use the Application, you are required to read, acknowledge, and agree to the terms and conditions of this Agreement by checking “I Agree”.

DSL may modify this Agreement from time to time. You will be required to agree to the revised Agreement to continue using the Application. The most recent and governing version of this Agreement will be made available through the Application. 


LICENSES 

License. DSL grants you a limited license to use the Application in the ways allowed by this Agreement. You will not be the only person to receive this license. You are not allowed to give, sell, sublicense, or transfer this license to anyone else. DSL has the right to take this license away from you at any time. DSL will keep all rights in the Application except those expressly granted to you by this license.

DSL is and remains the owner of any intellectual property rights with respect to the Application. Using the Application does not mean you own the Application or any part of the Application.

Revocation of License. DSL may take away any license if you attempt to use the Application in any unauthorized manner which is not intended by DSL or which violates this Agreement.

License Restrictions. You shall not, and shall not permit anyone else to: (i) use the Application except as permitted in this Agreement; (ii) change, copy, re-create or create any copied version of the Application; (iii) market, give licenses to, publish, distribute, reproduce, assign, transfer, rent, lease or loan the Application; or (iv) export the source code, decode, or modify the Application or the services it provides. 


TERM AND TERMINATION

The license to you shall last until DSL terminates it or until you let DSL know you no longer wish to use the Application. Your right to use the Application will terminate automatically without notice to you if you violate this Agreement. DSL can pause, stop, improve, update or otherwise change the Application, or its availability to you, at any time without notice. If your license to use the Application is terminated, you must stop using the Application and delete all software and materials related to the Application that you have already copied and/or installed. 


DISCLAIMER OF WARRANTIES

 DSL IS PROVIDING THE APPLICATION AS-IS WITHOUT ANY PROMISES MADE ABOUT THE SERVICES. DSL DOES NOT GUARANTEE THAT THE PRODUCT WILL WORK AS EXPECTED, THAT IT WILL FIT A PARTICULAR PURPOSE, OR THAT IT DOES NOT INFRINGE ON ANY OTHER PERSON’S OR COMPANY’S INTELLECTUAL PROPERTY RIGHTS. FOR EXAMPLE, DSL DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE APPLICATION, THE SPECIFIC FUNCTIONS OF THE APPLICATION, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. 

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DSL AND ITS AFFILIATES FOR ANY CLAIMS UNDER THIS AGREEMENT OR RELATED TO THE APPLICATION IS LIMITED TO THE AMOUNT YOU PAID TO DSL TO USE THE APPLICATION. 


APP USER OBLIGATIONS

Acceptable Use Policy. You are the only one responsible for anything that you do or fail to do under your account or password, and you agree not to use the Application in an unacceptable way, including (but not limited to) the following unacceptable activities:

(i)                 creating a fake identity or attempting to mislead anyone about your identity or where a message came from on the Application;

(ii)              using accounts, account numbers, or attempting to enter records or authorize transactions through accounts for which you do not have the authority;

(iii)            spreading or sending any materials or messages that are not for the intended use of the Application or that contain anything that is obscene, defamatory, harassing, offensive, or malicious;

(iv)             passing or sending files, graphics, software, or anything else that actually or potentially infringes on any other Intellectual Property rights;

(v)               exporting or otherwise transferring data, information, or software in violation of any applicable export or import law, regulation, or restriction;

(vi)             interfering with, disrupting, or trying to gain unauthorized access to information or other accounts hosted on the Application;

(vii)          trying to copy, modify, or reverse engineer the Application without the express written permission from an authorized representative of DSL;

(viii)        doing anything else deemed by DSL to be in conflict with the spirit or intent of this Agreement or the intended use of the Application.

DSL hereby expressly denies any and all liability from or relating to an App User’s violation of this Acceptable Use Policy.

App User Account Information. It is solely your responsibility to maintain current and accurate information for your account within the Application. If you fail to maintain a current and valid phone number, you will not be notified when information becomes available through the Application by SMS message. You assume responsibility for all consequences due to your failure to maintain accurate account information within the Application.

Application Access. DSL shall make the Application available over the Internet to allow the App User to electronically access the Application. You shall provide at your own expense, all necessary telephone lines, Internet connections, equipment, software (including a compatible web browser), and services for you to effectively access the Application. You acknowledge that the availability and performance of the Application may be subject to interruption or delay due to causes beyond the reasonable control of DSL. 

PRIVACY & CONFIDENTIALITY OF INFORMATION

DSL will follow any applicable law, rules, or regulations relating to the privacy of non-public, personal information. DSL will also follow the Privacy Policy that is available on the Application. The Privacy Policy explains the types of information DSL collects and how it collects that information. DSL will take all reasonable actions to ensure that any non-public personal information collected from you or processed on your behalf will remain confidential and secure. Such confidential information shall only be used for the purposes for which it was provided.

In addition, DSL may aggregate anonymous statistical data from the information provided through the Application, without identifying the App User as its source. This data may be used by DSL or other third parties to assist in providing better products and services to you. By signing this agreement, you consent to such use of the information.

Each user session with the Application is secured by strong encryption technology to protect against the unauthorized interception of information. You acknowledge that despite DSL’s security practices, there is always a possibility that information may be intercepted during transmission to or from the Application, and that DSL cannot and does not guarantee that the use of the Application is completely secure. You agree to take on any risk associated with the unauthorized access to your information during passing of such information between the Application and you and after this information has been delivered to you.


SECURITY

The information that the Application collects may be stored on your device and may be sent to our servers in countries where DSL, its affiliates or service providers operate. Sending information is not inherently secure. DSL uses many security tools and processes to help protect your personal information against unauthorized access and disclosure. DSL cannot, however, guarantee that your personal information or private communications will always remain private when using the Application.

GENERAL TERMS AND CONDITIONS


Governing Law and Jurisdiction. You understand and agree that the Application is based in, offered and made available from the State of California, United States of America. This Agreement is therefore governed by and shall be interpreted in accordance with the laws of the United States and the State of California, without regard to conflict of law rules. Regardless of your country of residence, for any legal disputes related to this Agreement that must be resolved in court, you and DSL agree to resolve the case only in the state or federal courts located in the county of San Diego, State of California. You agree that such courts in San Diego County shall be given the power and authority necessary to decide such legal disputes (in other words, you submit to the personal jurisdiction of such courts in San Diego County), and you agree to give up any and all rights to bring a dispute related to this Agreement in the courts of any other state, county, jurisdiction or country.

Assignment. This Agreement shall be between you and DSL only, and you do not have the right to assign this Agreement or any of the rights or obligations under this Agreement to any other person or company.

Modification. DSL may make reasonable changes to the terms and conditions of this Agreement to address changes or improvements to the Application or Related Service or to address changes in applicable law. If this Agreement is modified, you will have the chance to review the revised Agreement and decide whether to agree to the terms. The most recent and governing version of the Agreement will be accessible through the Application.

Waiver. The failure or delay in exercising any right, power or remedy of any provision of this Agreement or available to a party under applicable law shall constitute a waiver of such right, power or remedy.

Severability. If any part of this Agreement is found to be illegal, unenforceable, or void, then that part of the Agreement shall be treated as though it has been removed from the Agreement, but only the part which is illegal, unenforceable, or void. If this happens, the rest of the Agreement will remain the same.

Notices. All notifications to DSL related to this Agreement or the provision or use of the Application shall be communicated through the “Contact Support” link in the Application or on DSL’s Support Page with the phrase “LEGAL NOTICE” in the title. All notifications to the App User shall be communicated using either in-app notifications or SMS messages using the phone number provided by you on the Application. The App User shall be responsible for maintaining an accurate phone number in the Application.

Entire Agreement. This Agreement and the Privacy Policy represent the complete and only statement of the agreement and understanding between you and DSL regarding your rights to access and use the Application and the provision of Related Services and information. This Agreement supersedes all prior agreements and representations regarding such subject matters, including any verbal representations or agreements that may have been reached.

BY CHECKING “I AGREE”, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS USER LICENSE AGREEMENT AND EXPRESSLY AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL SUCH TERMS AND CONDITIONS, DO NOT ATTEMPT TO USE OR REGISTER AN ACCOUNT WITH THE APPLICATION.




DreamStart Labs, Inc.

2907 Shelter Island Dr., Suite 105 San Diego, CA 92106, USA 

Copyright © 2023 DreamSave End User License Agreement - All Rights Reserved.


 



LIMITATION OF LIABILITY


TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DSL AND ITS AFFILIATES FOR ANY CLAIMS UNDER THIS AGREEMENT OR RELATED TO THE APPLICATION IS LIMITED TO THE AMOUNT YOU PAID TO DSL TO USE THE APPLICATION. 


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