Terms of Services
Drimlike Ltd is a limited liability company incorporated in Scotland. Our company number is SC297050 and VAT registration number GB878076770, and our registered office is at EH20 Business Centre, 6 Dryden Road, Loanhead, Scotland, EH20 9LZ. When we refer to "we", "us" or "our" in these terms of service, we are referring to Drimlike Ltd.
These are the terms of service (“Terms”) that apply to all use of our Drimify solution (“Service”). These Terms apply when you register to create an account (“Account”) or purchase one of our on demand, unlimited, premium or custom packages. By doing so, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, then you must not use our Service. We recommend that you print a copy of these Terms for future reference.
We reserve the right to amend these Terms from time to time and will notify you of the new version of the Terms if that happens. Your continued use of the Service will be deemed to be acceptance of any new Terms.
You may register to create an Account with us online, and it is free to do so. These Terms apply to any Account not linked to a specific package, with the exception of the ‘Payment’ section below, and form our contract with you (“Contract”).
However, please note that you must purchase one of our on demand, unlimited, premium or custom packages in order to publish content and access certain functionality of the Service.
If you purchase our on demand, unlimited or premium packages available on our website, then our Contract is formed when you complete the purchase process and is comprised of: (i) either the online payment form detailing your chosen package and purchase information or our quote confirming details of the package and your email acceptance of these; and (ii) these Terms.
If you get in touch with us to purchase a custom package for our Service, we will send you a quote and a link to these Terms, and ask you to email us to confirm that you would like to go ahead. Our Contract with you is formed when you accept our quote and these Terms and is comprised of: (i) our quote confirming details of your custom package; (ii) your email to us confirming your acceptance of your package; and (iii) these Terms.
The Contract will run on either a monthly or annual subscription basis, unless you have paid for an on demand package (or your premium or custom package is on an on demand basis), in which case the Contract will be for the duration notified to you during the purchase process or for the duration set out in our quote (as applicable).
If your Contract is on an on demand basis, it will not automatically renew.
For our annual subscription Contracts, the initial subscription term is one year. Your Contract will automatically renew for successive periods of one year, unless you cancel the Contract before the end of the initial subscription term (or before the end of the current renewal period).
For our monthly subscription Contracts, the initial subscription term is one month. Your Contract will automatically renew for successive periods of one month after the initial subscription term, unless you cancel the Contract before the end of this period (or before the end of the current renewal period).
You can upgrade the package of your Contract at any time by contacting us. You can also upgrade from an on demand package to an unlimited package through your user account options. We will apply any change in price to your Account.
You can choose to stop the Service at any time either by cancelling your Contract through your user account options or by contacting us, in which case your Contract will expire at the end of the on demand period, or at the end of the initial subscription term or current renewal period (as applicable). We shall be entitled to payment of all fees due, and shall not be obliged to refund any fees paid, up until expiry of the Contract but no further fees will be charged beyond this point.
We shall be entitled to terminate your Contract at any time if you are in material breach (e.g. fail to pay any fees due or you don’t comply with our Content Standards) and either you fail to remedy the breach within the timescale we request or the breach is not capable of being remedied. We shall also be entitled to terminate the Contract if you become insolvent. Where we terminate the Contract due to your breach or insolvency we shall not be obliged to refund any subscription fees you may have paid us.
These rights of termination will also apply to you against us. Where you terminate the Contract due to our insolvency or our material breach of the Contract (where we have not remedied the breach within 30 days of your written notification to do so, or the breach is not capable of being remedied), then you shall be entitled to a refund of any fees paid for services which have not been performed.
We are the owner or the licensee of all intellectual property rights in our Service (other than content uploaded or published by you). All such rights are reserved.
Software and related documentation provided in relation to the Service is only provided in relation to your use of the Service and are not provided, or to be used, for any other purpose. Except where this is part of your legitimate use of the Service you are not permitted to copy, modify, republish, download, display or distribute all or any part of such software or documentation in any form or media or by any means. Nor are you permitted to reverse compile, disassemble, or reverse engineer such software or make use of such software or documentation to build a product or service which competes with our Service.
You may use the Service for the purpose of creating interactive digital content. Such use is subject to you and all users you have authorised to access your Account (“Authorised Users”) complying with these Terms. You are responsible for your Authorised Users use of the Service. You must keep your password and account details secure and ensure that only you and Authorised Users access your Account. If you discover any unauthorised use of the Service you must promptly let us know.
You must meet our eligibility criteria in order to use our Service. Accordingly, you represent and warrant to us that:
You may use our Service only for lawful purposes and upload and publish content that you are entitled to submit. You are responsible for complying with the laws of the country from where you use the Service and to ensure you have all necessary permission and consents in place in relation to your use of the Service.
You may not, and you warrant that you will not, use our Service:
In the event of breach of any of your obligations under these Terms (including any breach of these warranties or our Content Standards), your right to use our Service will cease immediately and we reserve the right, without liability to you, to deactivate your Account.
You will also be liable to us and indemnify us for any such breach. This means you will be responsible for any loss or damage we suffer as a result of your breach of these Terms.
As part of our commitment to providing a high-quality, fast and reliable service, we have a Fair Use Policy. The Fair Use Policy contains guidelines for your use of the Service to ensure that each customer has a consistently high-quality experience. We take measures to ensure usage is within reasonable parameters and in accordance with your Contract.
We have a Fair Use Policy because we provide a multi-tenant service. This means that our Service is used concurrently by a number of users. If a single customer places very high demands on the Service then it is possible that this will affect the experience for other users. The vast majority of our customers use our Service considerately and their usage levels during peak hours don’t disproportionately affect the shared network and service capacity. Even though only a very small number of our customers may use our Service inappropriately, their activity has the potential to affect the Service for others. Our Fair Use Policy manages the inappropriate use and makes sure our Service can be used fairly by everyone.
For that reason, if you consistently generate exceptionally high load over a sustained period of time in breach of our Fair Use Policy, we reserve the right to restrict access to your Account or levy charges for excessive usage (i.e. recommend you apply for a premium package).
Whenever you upload or publish content, you must comply with the Content Standards set out below. We do not monitor such content as part of the Service. You are solely responsible for all the content you upload or publish using the Service, and any intellectual property rights in such content will be owned by you.
You acknowledge that when you publish content, it will be considered non-confidential. You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store, copy and modify that content and, if applicable, to distribute and make it available to third parties in accordance for the purposes of our provision of the Service to you. You can delete your content at any time, but please note that you will not be able to retrieve it from your Account after it has been deleted. You are solely responsible for securing and backing up your content.
We also have the right to disclose your identity to any third party who is claiming that any content uploaded or published by you via our Service constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any content you upload or publish via our Service if, in our opinion, it does not comply with our Content Standards.
These Content Standards apply to any and all information, material or other content which you upload or publish via our Service. These standards must be complied with in spirit as well as to the letter. We will determine, in our discretion, whether any content breaches the Content Standards.
Content must not:
A fee is due in advance for use of the Service (i.e. a one off payment for an on demand package or a monthly or annual payment in advance for subscription packages) and is non-refundable. The applicable fee will be notified to you on the relevant payment page when you purchase online or, when you contact us (e.g. for a custom package), the applicable fee will be set out in our quote. It will be clear before you purchase any Service whether VAT or other applicable taxes are included in the price or still to be added.
If you purchase any of our standard packages online through our payment pages, you must provide us with valid, up-to-date and complete credit card (or similar card) details and you authorise us to bill such card on or after completion of the purchase process and periodically thereafter if you have purchased a subscription package on either a monthly or annual basis (as applicable).
If you purchase a custom package or you contact us to purchase any of our standard packages, you may choose to provide us with approved purchase order information instead, in which case you must ensure that we have valid, up-to-date and complete contact and billing details for the duration of your Contract. We will invoice you on or after completion of the purchase process, and periodically thereafter on either a monthly or annual basis if your package includes any subscription element, and you shall pay each invoice issued by us within 30 days of the date of such invoice (unless otherwise stated on our invoice).
Payment by credit card (or similar card) will be processed via a trusted third party payment provider. Please note we may seek pre-authorisation of your credit card (or similar card) account to verify that the card is valid and has the necessary funds or credit available to cover your fees. Where your card payment is not successful, or where you have failed to make payment of our invoice on the due date for payment, we will contact you and suspend access to your Account until payment has been made.
We shall be entitled to increase our subscription fees upon 14 days’ prior notice to you.
Please note that you are not entitled to a refund of fees paid to us unless you terminate the Contract because of our material breach or insolvency, in each case in accordance with the ‘Our contract with you’ section above.
If the content you upload or publish includes any personal data, then you acknowledge that we shall be deemed the processor and you are the controller in respect of any such personal data (where “controller”, “processor” and “personal data” have the meanings given to them in the Data Protection Legislation).
We shall comply with our, and you shall comply with your, respective obligations under the Data Protection Legislation (where “Data Protection Legislation” means (i) all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC); and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended; and (ii) any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
The scope, nature and purpose of processing by us is the provision of our Service. The type of personal data will be set out in any content you upload or publish using the Service and the categories of data subjects are any individuals that may be referred to within such content. The duration of the processing is that of our retention period, which is the period for which your Account remains open, unless you choose to delete particular content sooner.
You must ensure that you have all necessary consents and notices in place to enable lawful transfer of any personal data to us for the duration and purposes of this Contract.
We shall, in relation to any personal data processed in connection with the performance by us of our obligations under this Contract:
You warrant that:
We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out during office hours. Our servers are hosted in France by OVH.
We will endeavour to respond to all customer support queries within 72 hours.
You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
This section sets out our entire liability to you in respect of any breach of Contract or any use made by you of the Service.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to the paragraph above, we shall not be liable for any loss of business, goodwill or reputation, loss of profit, business interruption, loss of anticipated savings or for any indirect or consequential loss or damage. For all other losses, our total aggregate liability arising under the Contract or otherwise relating to the Service shall be limited to the total fees paid by you in the 3 month period preceding the date on which the claim arose.
We shall have no liability to you under the Contract if we are prevented from or delayed in performing our obligations under the Contract or from carrying on our business by acts or events beyond our reasonable control.
If we choose to waive any particular right we have under the Contract on any particular occasion this does not prevent us from exercising that right on another occasion.
If any part of the Contract is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Contract.
You are not entitled to transfer or assign your rights and obligations under the Contract to anyone else without our prior written permission.
If there are any disputes arising out of your use of the Service or relating to the Contract then these will be governed by the laws of Scotland. If either party require to raise court proceedings in relation to any such dispute then these proceedings must be raised in Scotland.
These Terms have been drafted in English. If these Terms are translated into another language, the English language text shall take precedence.
If you wish to contact us in writing, or a provision of these Terms requires you to give us a notice in writing (for example, to cancel the Contract), please do so by email at firstname.lastname@example.org.
If we have to contact you or give you notice in writing, we will do so by email, by hand, or by pre-paid post to the address details provided by you when setting up, or updating, your Account.