Terms & conditions
Last Updated October 2023
SCOPE
1.1. Dreamsuite is a product of Daydreamers Solutions LLP, the Company (the “Company”, “us”, “ours” or “we”), a private entity incorporated and registered in the United Kingdom. In these terms and conditions set forth below ("Terms of Service"), we refer to:
“Daydreamers”, the Company;
“Dreamsuite”, the product;
“Trello®”, the platform that Dreamsuite is built on; and
“Dreambot”, a ‘bot’ Trello® member that operates as a member of your Trello® workspace(s) or board(s), processing automations on behalf of Dreamsuite.
1.2. By accessing or using the Dreamsuite "Services" the Customer (the “Customer”, “you” or “yours”) are agreeing to Terms of Service set forth below. Dreamsuite has the right to modify and alter these Terms of Service at any time and without prior notice. In the event that the Customer violates any of the terms below, the service may be terminated.
1.3. You must not use the Services if you do not accept these Terms of Service.
2. APPLICATION
2.1. These Terms of Service will apply to the purchase of the Service by the Customer.
2.2. The Company only grants use and access of its services to those who have accepted these Terms of Service.
2.3. These Terms of Service is made between the Company and the Customer, each a “Party” and collectively the “Parties”.
2.4. If you are using the Services on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. The same rights, limitations and restrictions apply to your employer. You agree that these Terms are enforceable as if they were written negotiated agreement signed by your employer.
3. ACCOUNT TERMS
3.1. Subject to these Terms of Service, the Company grants you a non-exclusive, non-transferable license to use the Services only for internal company activities when you create an account on Dreamsuite.
3.2. You are responsible for keeping your account and password secure. Daydreamers is not liable for any loss or harm resulting from your failure to adhere to this security responsibility.
3.3. You are personally liable for all content uploaded and activity conducted via your account (even when content is posted by others who have their own logins under your account).
3.4. You may not use the Service for any illegal purpose or in violation of any local, state, or federal law (including but not limited to copyright laws).
3.5. To complete the enrolment procedure, you must submit your legal full name, a valid email address, and any additional information needed.
3.6. Your login may only be used by one individual. Sharing a single login with several individuals is not authorized. You may establish as many distinct logins as you choose.
4. PROHIBITED USE
4.1. You must not alter, adapt, or hack the Service in any way.
4.2. You may not change another website in such a way that it fraudulently implies an affiliation with the Dreamsuite Service or Daydreamers.
4.3. Without the explicit written consent of Daydreamers, you undertake not to replicate, duplicate, copy, sell, resell or exploit any component of the Service, use of the Service, or access to the Service.
4.4. You may not use the Services, the content therein and/or do anything that will infringe the intellectual property rights or other rights of any third parties.
4.5. You may not do anything which may damage or impair Daydreamer’s business or reputation or which may otherwise, in Daydreamer’s reasonable opinion, bring or is likely to bring Daydreamer’s business into disrepute.
4.6. Verbal, physical, written, or other abuse of any Service customer, Company employee, or officer (including threats of abuse or reprisal) will result in immediate account cancellation.
5. PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERM
5.1 The plan begins from the date of the first subscription payment
5.2 The payment processor is Stripe
5.2.1 By making payment using Stripe, you consent to initiating a payment or a series of payments by automatic collection on the Stripe platform
5.2.2 The frequency of collection will be stated on the subscription payment page
5.2.3 The payment will be collected on the same date each month
5.2.3 If a payment fails, Stripe will retry a maximum of 3 times
5.3 If a payment fails after 3 attempts, services may be suspended or cancelled
5.4. Any plan level upgrade or downgrade will result in the new rate being applied during the following billing period. No proration will be applied to downgrades made between billing periods.
5.5. Downgrading your Service may result in the loss of some of your account’s features or capacity. Daydreamers will not be held liable for such loss.
5.6. All fees are exclusive of all taxes, levies, and duties imposed by taxing authorities, and you are solely responsible for payment of all such taxes, levies, and duties. Where applicable, Daydreamers will collect and remit such taxes on behalf of the taxing authority.
5.7. Payment is made either in USD ($), unless agreed otherwise. You are liable for all costs associated with making such payment in the stated currencies regardless of your home currency (including all associated bank charges). If Daydreamers incurs any bank charges resulting from your payment, we may recover such charges from you.
5.8. Daydreamers do not process Refunds for Dreamsuite services.
6. DURATION, CANCELLATION AND TERMINATION
6.1 The minimum subscription period for monthly subscriptions is three (3) months and twelve (12) months for annual subscriptions
6.1.1 If you cancel the service before the end of the minimum subscription, you will no longer have access to the services and you will be billed for any outstanding amount
6.2. Access to the Services will be available to you until the end of your subscription period or in the case the Company terminates the Service under this clause, with immediate effect.
6.3. If you cancel the Service before the end of the current paid-up month, you will have access to the Services until the end of your current subscription period. The Service will then be terminated at the end of that period.
6.4. Upon termination, Dreambot will be removed from your workspace(s) or board(s).
6.5. The Dreamsuite automation features will no long be available to you.
6.6. The Trello® workspace(s) and board(s), including all of the data, will remain your property.
6.7. Daydreamers has the right, in its sole discretion, to suspend or cancel your account and to deny you access to the Service for any reason at any time. This will result in the deactivation of your Account or your access to it.
6.8. Daydreamers retains the right, at any moment, to deny the Service to anybody for any reason.
7. MODIFICATIONS TO THE SERVICE AND PRICES
7.1. Daydreamers retains the right, with or without warning, to alter or terminate, temporarily or permanently, any aspect of the Service.
7.2. All prices for Services are subject to change upon notice from us of 30 days. This notice may be given at any time by publishing the modifications on our website or through the Service itself.
7.3. Daydreamers shall have no liability to you or any third party in the event of a Service modification, pricing change, suspension, or discontinuance.
8. TERMS OF USE
8.1. Dreamsuite will not collect, store, or reuse any data that you upload to the solution.
8.2. Daydreamers are not permitted to edit, reuse, or resell any portion of the solution that you have uploaded without consent.
8.3. Dreambot can change, transfer, import, and export data from Trello® for the sole purpose of carrying out your business needs.
8.4. Removal of the Dreambot from your workspace(s) or board(s), will cause your Dreamsuite solution to lose functionality or completely fail.
8.5. Having a Dreambot in your Trello® workplace grants access to your workspace(s) or board(s) to Daydreamers.
9. USE OF LICENSE
9.1. You may not, under the terms of the license granted above:
9.1.1. Make any fraudulent or unauthorized use of the Services;
9.1.2. Utilize the Services in order to defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including, but not limited to, others’ privacy or publicity rights;
9.1.3. Impersonate any person or entity, falsely declare, or otherwise misrepresent your affiliation with any person or entity in connection with the Services; or indicate or imply that any remark you make is endorsed by us;
9.1.4. Interfere with or disrupting the operation of the Services or the servers or networks that make them available; or violating any of the networks’ requirements, procedures, policies, or regulations;
9.1.5. Transmit or otherwise make available in connection with the Services any virus, worm, Trojan horse, or other computer code that is harmful or invasive and that may or is intended to harm or monitor the operation of any hardware, software, or equipment;
9.1.6. Replicate, duplicate, copy, sell, resell, or otherwise exploit any portion of, use of, or access to the Services for commercial purposes;
9.1.7. Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Services;
9.1.8. Obliterate any copyright, trademark, or other indication of property rights from the Services or materials derived from the Services; and/or
9.1.9. Use any manual or automated method to acquire material or to replicate or bypass the Services’ navigational structure or display without Daydreamers express prior written approval.
9.2. The aforementioned license will expire automatically upon a breach of any condition of this clause 9.
10. INTELLECTUAL PROPERTY RIGHTS, PRIVACY AND CONTENT OWNERSHIP
10.1. All data given to the Service must adhere to your jurisdiction’s privacy laws. For more information about privacy, please see our Privacy Policy and the section on GDPR compliance included in these Terms of Service.
10.2. We make no claim to ownership of the material you submit to the Service. All content you post remain your own.
10.3. You retain all rights, title, and interest in and to all of your data and are solely responsible for its legality, reliability, integrity, correctness, and quality.
10.4. All property rights, intellectual property rights and other proprietary rights relating to the Service (including, but not limited to, Products, Cloud Services, Adaptations, Standard Documentation, source codes, systems, programs, databases, methods, interventions, discoveries, know-how), including amendments, innovations, improvements, modifications, additions, extensions, derivatives thereof, are and shall remain the exclusive property of the Company.
10.5. You agree that you will not reproduce or redistribute the Company’s intellectual property in any way, including electronic, digital, or new trademark registrations.
10.6. If your data is lost or destroyed, Daydreamers are not able to restore such data from servers. Daydreamers may take commercially reasonable efforts to recover the lost or damaged data. Daydreamers shall not be liable for any third-party loss, destruction, modification, or disclosure of your data.
10.7. Daydreamers will never disclose or sell any data kept in your account. Daydreamers values your and your users’ privacy and will adhere to the Daydreamers Privacy Policy as revised from time to time.
10.8. Daydreamers does not pre-screen material but retains the right (but not the duty) in their sole discretion to refuse or delete any content made accessible via the Service.
10.9. The Service’s appearance and feel are protected by our copyright. Each and every right is reserved. Without the express written consent of Daydreamers, you may not replicate, reproduce, or reuse any section of the HTML, CSS, JavaScript, or graphic design elements.
11. DISCLAIMER
11.1. You use the Service entirely at your own risk. The Service is provided "as is" and "as available" without warranty of any kind.
11.2. You acknowledge that Dreamsuite relies on third-party suppliers and hosting partners to supply the necessary hardware, software, networking, storage, and associated technologies for the Service to operate.
11.3. We may, but are not obligated to, delete material and accounts that we think are unlawful, infringe on another party’s intellectual property, or breach our Terms of Service.
11.4. You acknowledge that the technical processing and transmission of the Service, including your content, may occur in an unencrypted fashion and may entail (a) transmissions across multiple networks; and (b) conforming and adapting to technical constraints of connecting networks or devices.
11.5. We retain the right to suspend your account momentarily if your consumption considerably surpasses that of other Service subscribers. We will contact the account owner before to taking any action, except in rare instances where the degree of use may adversely affect the Service’s functionality for other users.
11.6. Technical help will be available through the provided channels.
12. WARRANTIES AND LIABILITIES
12.1. Daydreamers makes no such warranty that:
12.1.1. The service will be tailored to your individual needs;
12.1.2. The service will be available without interruption, in a timely manner, in a secure manner, or without errors;
12.1.3. The results acquired via the service’s use will be accurate or dependable;
12.1.4. The service’s quality of any products, services, information, or other material purchased or accessed by you will meet your expectations; and
12.1.5. Any inaccuracies in the Service will be rectified.
12.2. You expressly agree and understand that Daydreamers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Daydreamers has been advised of the possibility of such damages), resulting from:
12.2.1. The service’s usage or incapacity to utilize;
12.2.2. The expense of procuring alternative products and services arising from the purchase or acquisition of goods, data, information, or services, or communications received, or transactions engaged into via or through the service;
12.2.3. Access to or manipulation of your communications or data by a third party; and/or
12.2.4. Third-party remarks or behavior on the service; or any other aspect of the service.
13. THIRD PARTY PROVIDERS
13.1. You recognize that Dreamsuite relies on third-party providers and partners for some aspects of its products (including, but not limited to plugins), in order for the Service to operate.
13.2. You recognize that the Daydreamers/Dreamsuite website or the Services may permit or assist you in accessing the website content of, and making purchases from, third parties via third party websites, and that you do so entirely at your own risk.
13.3. Daydreamers makes no claim or promise to the content or use of any such third-party website, any transactions conducted, or any contract entered into by you. Any contract entered into or transaction performed through a third-party website is between you and the relevant third party, not Daydreamers.
13.4. Daydreamers does not promote or condone any third-party website or its content that may be accessed through its website or Services, including Trello®.
14. GENERAL REPRESENTATION AND WARRANTY
14.1. You certify and signify that:
14.1.1. Your use of the Services will be in strict compliance with the Agreement’s Terms of Service and all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area governing online conduct and acceptable content, as well as all applicable laws governing the transmission of technical data exported from the country in which you reside); and
14.1.2. Your use of the Services will not violate or misappropriate Daydreamers’ or a third party’s intellectual property rights.
15. INDEMNIFICATION.
15.1. You agree to indemnify and hold harmless Daydreamers, its contractors and licensors, as well as their respective directors, officers, employees, and agents, from and against any and all claims and expenses, including legal and professional fees, arising out of your use of the Services, including but not limited to your violation of these Terms of Services.
16. SEVERABILITY
16.1. If any provision of these Terms of Services is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Services unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
17. GDPR POLICY
17.1. GDPR means the General Data Protection Regulation.
17.2. Customer Data means all necessary personal data relating to any Customer.
17.3. Where the Company processes any Customer Data, the Company will comply with all requirements and obligations under the Data Protection Laws (the GDPR, any UK implementing laws, regulations and secondary legislation under the GDPR and the UK Data Protection Act 2018).
17.4. Customer data shall be:
17.4.1. Processed lawfully, fairly and in a transparent manner in relation to individuals;
17.4.2. Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered incompatible with the initial purposes;
17.4.3. Adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed;
17.4.4. Processed by the Company in accordance with the Privacy Policy (to the extent it complies with the Data Protection Laws) and the Customer’s written instructions.
17.4.5. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased, or rectified without delay;
17.4.6. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organizational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
17.4.7. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures.
17.5. General provisions
17.5.1. This policy applies to all Customer Data processed by Dreamsuite.
17.5.2. This policy shall be reviewed at least annually.
17.5.3. Daydreamers is registered with the Information Commissioner’s Office as an organization that processes personal data.
17.6. Lawful, fair, and transparent processing
17.6.1. To ensure its processing of data is lawful, fair and transparent, Daydreamers shall maintain a Register of Systems.
17.6.2. The Register of Systems shall be reviewed at least annually.
17.6.3. The Company will keep and maintain complete and accurate records and information of any processing of personal data it carries out on behalf of the Customer.
17.6.4. Individuals have the right to access their personal data and any such requests (including from a data subject in connection with any exercise of any of its rights under the Data Protection Laws) made to Daydreamers shall be dealt with appropriate technical and organizational measures within a reasonable time period.
17.6.5. The Company will provide, on request, a copy of all personal data held by the Company in the format and on the media reasonably specified by the Customer.
17.7. Lawful purposes
17.7.1. All data processed by Dreamsuite must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests.
17.7.2. Daydreamers shall note the appropriate lawful basis in the Register of Systems.
17.7.3. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
17.7.4. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent will be clearly available and systems will be in place to ensure such revocation is reflected accurately in Daydreamers systems.
17.8. Accuracy
17.8.1. Daydreamers shall take reasonable steps to ensure personal data is accurate.
17.8.2. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
17.9. Archiving / removal
17.9.1. To ensure that personal data is kept for no longer than necessary, Daydreamers shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
17.9.2. The archiving policy shall consider what data should/must be retained, for how long, and why.
17.10. Security
17.10.1. Daydreamers shall ensure that personal data is stored securely using modern software that is kept-up to date.
17.10.2. Access to personal data shall be limited to personnel who need access to the data, and appropriate security is in place to avoid unauthorized sharing of information.
17.10.3. Personnel who have access to and/or process personal data at any time are informed of the confidential and sensitive nature of Customer data and are made aware of their obligations and data subjects’ rights under the Data Protection Laws.
17.10.4. When personal data is deleted, this should be done safely such that the data is irrecoverable.
17.10.5. Appropriate back-up and disaster recovery solutions shall be in place.
17.10.6. In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data, Daydreamers shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website).
17.10.7. The Company will notify the Customer as soon as reasonably practicable on becoming aware of a personal data breach, including if any personal data is lost, destroyed or becomes damaged, corrupted or unusable, and where requested or required to assist, to notify the data subject of such breach.
18. DISPUTE RESOLUTION
18.1. The Parties shall in the first instance attempt to resolve any dispute with respect to any matter arising out of or relating to these Terms of Service by negotiation.
18.2. If the matter cannot be resolved through negotiation, the Parties will, at the request of either of them, attempt in good faith to resolve the dispute through an agreed alternative dispute resolution ("ADR”) procedure.
18.3. If the matter has not been resolved by an agreed ADR procedure within one (1) month of the initiation of such procedure, the dispute shall be referred to a single arbitrator to be agreed upon by the Parties or in default of agreement within fourteen (14) days to be nominated by the President for the time being of the Chartered Institute of Arbitrators in accordance with the Arbitration Act 1996. The arbitration shall take place in London and shall be in accordance with the Arbitration Act 1996 and such arbitration rules as the Parties may agree or, in default of agreement, in accordance with the Rules of the London Court of International Arbitration which Rules are deemed to be incorporated by reference into this Condition.
18.4. The decision of the arbitrator shall be final and binding on the Parties.
19. MISCELLANEOUS
19.1. Unless otherwise specified in this agreement, the rights and remedies granted hereunder are in addition to, and not exclusive of, any rights or remedies allowed by law.
19.2. These Terms of Service (as they may be updated from time to time by Daydreamers) constitute the entire agreement between the Parties and supersede all prior agreements and understandings with respect to the same.
19.3. You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. The Company assumes no responsibility for liabilities related to age misrepresentation.
19.4. Failure or delay on the part of a Party to exercise any right or remedy granted by this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it exclude or limit the party from exercising that or any other right or remedy in the future. No single or partial exercise of such right or remedy precludes or restricts the exercise of that or any other right or remedy in the future.
19.5. Nothing in the Agreement is intended to or shall be construed as creating a partnership between the parties or authorizing one party to act as an agent for the other, and neither Party shall have the authority to act in the name, on behalf of, or in any other way bind the other (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
19.6. According to the Contracts (Rights of Third Parties) Act 1999, the Agreement does not confer any rights on any person or party (other than the parties to this agreement and, where appropriate, their successors and authorized assigns).
19.7. The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms of Service without any notification or consent required. You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Service without the Company’s prior written consent.
19.8. The Agreement, as well as any disagreement or claim arising out of or in connection with it, its subject matter or formation (including non-contractual disputes or claims), shall be governed and interpreted in accordance with the laws of England and Wales.
19.9. Each party irrevocably acknowledges that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with the Agreement, its subject matter, or formation (including non-contractual disputes or claims).
19.10. The Terms of Service shall apply to any new features that complement or expand the present Service, including the provision of additional tools and resources. Your continued use of the Service following any such modifications constitutes your acceptance of such changes.
CONTACT US
If you have questions or comments about these Terms, please contact:
Daydreamers Solutions LLP
71-75 Shelton Street
Covent Garden
London
WC2H 9JQ
UNITED KINGDOM
Email:contactus@daydreamers.info
Phone/Whatsapp:+44 7511 830504
Terms & conditions
Last Updated October 2023
SCOPE
1.1. Dreamsuite is a product of Daydreamers Solutions LLP, the Company (the “Company”, “us”, “ours” or “we”), a private entity incorporated and registered in the United Kingdom. In these terms and conditions set forth below ("Terms of Service"), we refer to:
“Daydreamers”, the Company;
“Dreamsuite”, the product;
“Trello®”, the platform that Dreamsuite is built on; and
“Dreambot”, a ‘bot’ Trello® member that operates as a member of your Trello® workspace(s) or board(s), processing automations on behalf of Dreamsuite.
1.2. By accessing or using the Dreamsuite "Services" the Customer (the “Customer”, “you” or “yours”) are agreeing to Terms of Service set forth below. Dreamsuite has the right to modify and alter these Terms of Service at any time and without prior notice. In the event that the Customer violates any of the terms below, the service may be terminated.
1.3. You must not use the Services if you do not accept these Terms of Service.
2. APPLICATION
2.1. These Terms of Service will apply to the purchase of the Service by the Customer.
2.2. The Company only grants use and access of its services to those who have accepted these Terms of Service.
2.3. These Terms of Service is made between the Company and the Customer, each a “Party” and collectively the “Parties”.
2.4. If you are using the Services on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. The same rights, limitations and restrictions apply to your employer. You agree that these Terms are enforceable as if they were written negotiated agreement signed by your employer.
3. ACCOUNT TERMS
3.1. Subject to these Terms of Service, the Company grants you a non-exclusive, non-transferable license to use the Services only for internal company activities when you create an account on Dreamsuite.
3.2. You are responsible for keeping your account and password secure. Daydreamers is not liable for any loss or harm resulting from your failure to adhere to this security responsibility.
3.3. You are personally liable for all content uploaded and activity conducted via your account (even when content is posted by others who have their own logins under your account).
3.4. You may not use the Service for any illegal purpose or in violation of any local, state, or federal law (including but not limited to copyright laws).
3.5. To complete the enrolment procedure, you must submit your legal full name, a valid email address, and any additional information needed.
3.6. Your login may only be used by one individual. Sharing a single login with several individuals is not authorized. You may establish as many distinct logins as you choose.
4. PROHIBITED USE
4.1. You must not alter, adapt, or hack the Service in any way.
4.2. You may not change another website in such a way that it fraudulently implies an affiliation with the Dreamsuite Service or Daydreamers.
4.3. Without the explicit written consent of Daydreamers, you undertake not to replicate, duplicate, copy, sell, resell or exploit any component of the Service, use of the Service, or access to the Service.
4.4. You may not use the Services, the content therein and/or do anything that will infringe the intellectual property rights or other rights of any third parties.
4.5. You may not do anything which may damage or impair Daydreamer’s business or reputation or which may otherwise, in Daydreamer’s reasonable opinion, bring or is likely to bring Daydreamer’s business into disrepute.
4.6. Verbal, physical, written, or other abuse of any Service customer, Company employee, or officer (including threats of abuse or reprisal) will result in immediate account cancellation.
5. PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERM
5.1 The plan begins from the date of the first subscription payment
5.2 The payment processor is Stripe
5.2.1 By making payment using Stripe, you consent to initiating a payment or a series of payments by automatic collection on the Stripe platform
5.2.2 The frequency of collection will be stated on the subscription payment page
5.2.3 The payment will be collected on the same date each month
5.2.3 If a payment fails, Stripe will retry a maximum of 3 times
5.3 If a payment fails after 3 attempts, services may be suspended or cancelled
5.4. Any plan level upgrade or downgrade will result in the new rate being applied during the following billing period. No proration will be applied to downgrades made between billing periods.
5.5. Downgrading your Service may result in the loss of some of your account’s features or capacity. Daydreamers will not be held liable for such loss.
5.6. All fees are exclusive of all taxes, levies, and duties imposed by taxing authorities, and you are solely responsible for payment of all such taxes, levies, and duties. Where applicable, Daydreamers will collect and remit such taxes on behalf of the taxing authority.
5.7. Payment is made either in USD ($), unless agreed otherwise. You are liable for all costs associated with making such payment in the stated currencies regardless of your home currency (including all associated bank charges). If Daydreamers incurs any bank charges resulting from your payment, we may recover such charges from you.
5.8. Daydreamers do not process Refunds for Dreamsuite services.
6. DURATION, CANCELLATION AND TERMINATION
6.1 The minimum subscription period for monthly subscriptions is three (3) months and twelve (12) months for annual subscriptions
6.1.1 If you cancel the service before the end of the minimum subscription, you will no longer have access to the services and you will be billed for any outstanding amount
6.2. Access to the Services will be available to you until the end of your subscription period or in the case the Company terminates the Service under this clause, with immediate effect.
6.3. If you cancel the Service before the end of the current paid-up month, you will have access to the Services until the end of your current subscription period. The Service will then be terminated at the end of that period.
6.4. Upon termination, Dreambot will be removed from your workspace(s) or board(s).
6.5. The Dreamsuite automation features will no long be available to you.
6.6. The Trello® workspace(s) and board(s), including all of the data, will remain your property.
6.7. Daydreamers has the right, in its sole discretion, to suspend or cancel your account and to deny you access to the Service for any reason at any time. This will result in the deactivation of your Account or your access to it.
6.8. Daydreamers retains the right, at any moment, to deny the Service to anybody for any reason.
7. MODIFICATIONS TO THE SERVICE AND PRICES
7.1. Daydreamers retains the right, with or without warning, to alter or terminate, temporarily or permanently, any aspect of the Service.
7.2. All prices for Services are subject to change upon notice from us of 30 days. This notice may be given at any time by publishing the modifications on our website or through the Service itself.
7.3. Daydreamers shall have no liability to you or any third party in the event of a Service modification, pricing change, suspension, or discontinuance.
8. TERMS OF USE
8.1. Dreamsuite will not collect, store, or reuse any data that you upload to the solution.
8.2. Daydreamers are not permitted to edit, reuse, or resell any portion of the solution that you have uploaded without consent.
8.3. Dreambot can change, transfer, import, and export data from Trello® for the sole purpose of carrying out your business needs.
8.4. Removal of the Dreambot from your workspace(s) or board(s), will cause your Dreamsuite solution to lose functionality or completely fail.
8.5. Having a Dreambot in your Trello® workplace grants access to your workspace(s) or board(s) to Daydreamers.
9. USE OF LICENSE
9.1. You may not, under the terms of the license granted above:
9.1.1. Make any fraudulent or unauthorized use of the Services;
9.1.2. Utilize the Services in order to defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including, but not limited to, others’ privacy or publicity rights;
9.1.3. Impersonate any person or entity, falsely declare, or otherwise misrepresent your affiliation with any person or entity in connection with the Services; or indicate or imply that any remark you make is endorsed by us;
9.1.4. Interfere with or disrupting the operation of the Services or the servers or networks that make them available; or violating any of the networks’ requirements, procedures, policies, or regulations;
9.1.5. Transmit or otherwise make available in connection with the Services any virus, worm, Trojan horse, or other computer code that is harmful or invasive and that may or is intended to harm or monitor the operation of any hardware, software, or equipment;
9.1.6. Replicate, duplicate, copy, sell, resell, or otherwise exploit any portion of, use of, or access to the Services for commercial purposes;
9.1.7. Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Services;
9.1.8. Obliterate any copyright, trademark, or other indication of property rights from the Services or materials derived from the Services; and/or
9.1.9. Use any manual or automated method to acquire material or to replicate or bypass the Services’ navigational structure or display without Daydreamers express prior written approval.
9.2. The aforementioned license will expire automatically upon a breach of any condition of this clause 9.
10. INTELLECTUAL PROPERTY RIGHTS, PRIVACY AND CONTENT OWNERSHIP
10.1. All data given to the Service must adhere to your jurisdiction’s privacy laws. For more information about privacy, please see our Privacy Policy and the section on GDPR compliance included in these Terms of Service.
10.2. We make no claim to ownership of the material you submit to the Service. All content you post remain your own.
10.3. You retain all rights, title, and interest in and to all of your data and are solely responsible for its legality, reliability, integrity, correctness, and quality.
10.4. All property rights, intellectual property rights and other proprietary rights relating to the Service (including, but not limited to, Products, Cloud Services, Adaptations, Standard Documentation, source codes, systems, programs, databases, methods, interventions, discoveries, know-how), including amendments, innovations, improvements, modifications, additions, extensions, derivatives thereof, are and shall remain the exclusive property of the Company.
10.5. You agree that you will not reproduce or redistribute the Company’s intellectual property in any way, including electronic, digital, or new trademark registrations.
10.6. If your data is lost or destroyed, Daydreamers are not able to restore such data from servers. Daydreamers may take commercially reasonable efforts to recover the lost or damaged data. Daydreamers shall not be liable for any third-party loss, destruction, modification, or disclosure of your data.
10.7. Daydreamers will never disclose or sell any data kept in your account. Daydreamers values your and your users’ privacy and will adhere to the Daydreamers Privacy Policy as revised from time to time.
10.8. Daydreamers does not pre-screen material but retains the right (but not the duty) in their sole discretion to refuse or delete any content made accessible via the Service.
10.9. The Service’s appearance and feel are protected by our copyright. Each and every right is reserved. Without the express written consent of Daydreamers, you may not replicate, reproduce, or reuse any section of the HTML, CSS, JavaScript, or graphic design elements.
11. DISCLAIMER
11.1. You use the Service entirely at your own risk. The Service is provided "as is" and "as available" without warranty of any kind.
11.2. You acknowledge that Dreamsuite relies on third-party suppliers and hosting partners to supply the necessary hardware, software, networking, storage, and associated technologies for the Service to operate.
11.3. We may, but are not obligated to, delete material and accounts that we think are unlawful, infringe on another party’s intellectual property, or breach our Terms of Service.
11.4. You acknowledge that the technical processing and transmission of the Service, including your content, may occur in an unencrypted fashion and may entail (a) transmissions across multiple networks; and (b) conforming and adapting to technical constraints of connecting networks or devices.
11.5. We retain the right to suspend your account momentarily if your consumption considerably surpasses that of other Service subscribers. We will contact the account owner before to taking any action, except in rare instances where the degree of use may adversely affect the Service’s functionality for other users.
11.6. Technical help will be available through the provided channels.
12. WARRANTIES AND LIABILITIES
12.1. Daydreamers makes no such warranty that:
12.1.1. The service will be tailored to your individual needs;
12.1.2. The service will be available without interruption, in a timely manner, in a secure manner, or without errors;
12.1.3. The results acquired via the service’s use will be accurate or dependable;
12.1.4. The service’s quality of any products, services, information, or other material purchased or accessed by you will meet your expectations; and
12.1.5. Any inaccuracies in the Service will be rectified.
12.2. You expressly agree and understand that Daydreamers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Daydreamers has been advised of the possibility of such damages), resulting from:
12.2.1. The service’s usage or incapacity to utilize;
12.2.2. The expense of procuring alternative products and services arising from the purchase or acquisition of goods, data, information, or services, or communications received, or transactions engaged into via or through the service;
12.2.3. Access to or manipulation of your communications or data by a third party; and/or
12.2.4. Third-party remarks or behavior on the service; or any other aspect of the service.
13. THIRD PARTY PROVIDERS
13.1. You recognize that Dreamsuite relies on third-party providers and partners for some aspects of its products (including, but not limited to plugins), in order for the Service to operate.
13.2. You recognize that the Daydreamers/Dreamsuite website or the Services may permit or assist you in accessing the website content of, and making purchases from, third parties via third party websites, and that you do so entirely at your own risk.
13.3. Daydreamers makes no claim or promise to the content or use of any such third-party website, any transactions conducted, or any contract entered into by you. Any contract entered into or transaction performed through a third-party website is between you and the relevant third party, not Daydreamers.
13.4. Daydreamers does not promote or condone any third-party website or its content that may be accessed through its website or Services, including Trello®.
14. GENERAL REPRESENTATION AND WARRANTY
14.1. You certify and signify that:
14.1.1. Your use of the Services will be in strict compliance with the Agreement’s Terms of Service and all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area governing online conduct and acceptable content, as well as all applicable laws governing the transmission of technical data exported from the country in which you reside); and
14.1.2. Your use of the Services will not violate or misappropriate Daydreamers’ or a third party’s intellectual property rights.
15. INDEMNIFICATION.
15.1. You agree to indemnify and hold harmless Daydreamers, its contractors and licensors, as well as their respective directors, officers, employees, and agents, from and against any and all claims and expenses, including legal and professional fees, arising out of your use of the Services, including but not limited to your violation of these Terms of Services.
16. SEVERABILITY
16.1. If any provision of these Terms of Services is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Services unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
17. GDPR POLICY
17.1. GDPR means the General Data Protection Regulation.
17.2. Customer Data means all necessary personal data relating to any Customer.
17.3. Where the Company processes any Customer Data, the Company will comply with all requirements and obligations under the Data Protection Laws (the GDPR, any UK implementing laws, regulations and secondary legislation under the GDPR and the UK Data Protection Act 2018).
17.4. Customer data shall be:
17.4.1. Processed lawfully, fairly and in a transparent manner in relation to individuals;
17.4.2. Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered incompatible with the initial purposes;
17.4.3. Adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed;
17.4.4. Processed by the Company in accordance with the Privacy Policy (to the extent it complies with the Data Protection Laws) and the Customer’s written instructions.
17.4.5. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased, or rectified without delay;
17.4.6. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organizational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
17.4.7. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures.
17.5. General provisions
17.5.1. This policy applies to all Customer Data processed by Dreamsuite.
17.5.2. This policy shall be reviewed at least annually.
17.5.3. Daydreamers is registered with the Information Commissioner’s Office as an organization that processes personal data.
17.6. Lawful, fair, and transparent processing
17.6.1. To ensure its processing of data is lawful, fair and transparent, Daydreamers shall maintain a Register of Systems.
17.6.2. The Register of Systems shall be reviewed at least annually.
17.6.3. The Company will keep and maintain complete and accurate records and information of any processing of personal data it carries out on behalf of the Customer.
17.6.4. Individuals have the right to access their personal data and any such requests (including from a data subject in connection with any exercise of any of its rights under the Data Protection Laws) made to Daydreamers shall be dealt with appropriate technical and organizational measures within a reasonable time period.
17.6.5. The Company will provide, on request, a copy of all personal data held by the Company in the format and on the media reasonably specified by the Customer.
17.7. Lawful purposes
17.7.1. All data processed by Dreamsuite must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests.
17.7.2. Daydreamers shall note the appropriate lawful basis in the Register of Systems.
17.7.3. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
17.7.4. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent will be clearly available and systems will be in place to ensure such revocation is reflected accurately in Daydreamers systems.
17.8. Accuracy
17.8.1. Daydreamers shall take reasonable steps to ensure personal data is accurate.
17.8.2. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
17.9. Archiving / removal
17.9.1. To ensure that personal data is kept for no longer than necessary, Daydreamers shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
17.9.2. The archiving policy shall consider what data should/must be retained, for how long, and why.
17.10. Security
17.10.1. Daydreamers shall ensure that personal data is stored securely using modern software that is kept-up to date.
17.10.2. Access to personal data shall be limited to personnel who need access to the data, and appropriate security is in place to avoid unauthorized sharing of information.
17.10.3. Personnel who have access to and/or process personal data at any time are informed of the confidential and sensitive nature of Customer data and are made aware of their obligations and data subjects’ rights under the Data Protection Laws.
17.10.4. When personal data is deleted, this should be done safely such that the data is irrecoverable.
17.10.5. Appropriate back-up and disaster recovery solutions shall be in place.
17.10.6. In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data, Daydreamers shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website).
17.10.7. The Company will notify the Customer as soon as reasonably practicable on becoming aware of a personal data breach, including if any personal data is lost, destroyed or becomes damaged, corrupted or unusable, and where requested or required to assist, to notify the data subject of such breach.
18. DISPUTE RESOLUTION
18.1. The Parties shall in the first instance attempt to resolve any dispute with respect to any matter arising out of or relating to these Terms of Service by negotiation.
18.2. If the matter cannot be resolved through negotiation, the Parties will, at the request of either of them, attempt in good faith to resolve the dispute through an agreed alternative dispute resolution ("ADR”) procedure.
18.3. If the matter has not been resolved by an agreed ADR procedure within one (1) month of the initiation of such procedure, the dispute shall be referred to a single arbitrator to be agreed upon by the Parties or in default of agreement within fourteen (14) days to be nominated by the President for the time being of the Chartered Institute of Arbitrators in accordance with the Arbitration Act 1996. The arbitration shall take place in London and shall be in accordance with the Arbitration Act 1996 and such arbitration rules as the Parties may agree or, in default of agreement, in accordance with the Rules of the London Court of International Arbitration which Rules are deemed to be incorporated by reference into this Condition.
18.4. The decision of the arbitrator shall be final and binding on the Parties.
19. MISCELLANEOUS
19.1. Unless otherwise specified in this agreement, the rights and remedies granted hereunder are in addition to, and not exclusive of, any rights or remedies allowed by law.
19.2. These Terms of Service (as they may be updated from time to time by Daydreamers) constitute the entire agreement between the Parties and supersede all prior agreements and understandings with respect to the same.
19.3. You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. The Company assumes no responsibility for liabilities related to age misrepresentation.
19.4. Failure or delay on the part of a Party to exercise any right or remedy granted by this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it exclude or limit the party from exercising that or any other right or remedy in the future. No single or partial exercise of such right or remedy precludes or restricts the exercise of that or any other right or remedy in the future.
19.5. Nothing in the Agreement is intended to or shall be construed as creating a partnership between the parties or authorizing one party to act as an agent for the other, and neither Party shall have the authority to act in the name, on behalf of, or in any other way bind the other (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
19.6. According to the Contracts (Rights of Third Parties) Act 1999, the Agreement does not confer any rights on any person or party (other than the parties to this agreement and, where appropriate, their successors and authorized assigns).
19.7. The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms of Service without any notification or consent required. You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Service without the Company’s prior written consent.
19.8. The Agreement, as well as any disagreement or claim arising out of or in connection with it, its subject matter or formation (including non-contractual disputes or claims), shall be governed and interpreted in accordance with the laws of England and Wales.
19.9. Each party irrevocably acknowledges that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with the Agreement, its subject matter, or formation (including non-contractual disputes or claims).
19.10. The Terms of Service shall apply to any new features that complement or expand the present Service, including the provision of additional tools and resources. Your continued use of the Service following any such modifications constitutes your acceptance of such changes.
CONTACT US
If you have questions or comments about these Terms, please contact:
Daydreamers Solutions LLP
71-75 Shelton Street
Covent Garden
London
WC2H 9JQ
UNITED KINGDOM
Email:contactus@daydreamers.info
Phone/Whatsapp:+44 7511 830504
Terms & conditions
Last Updated October 2023
SCOPE
1.1. Dreamsuite is a product of Daydreamers Solutions LLP, the Company (the “Company”, “us”, “ours” or “we”), a private entity incorporated and registered in the United Kingdom. In these terms and conditions set forth below ("Terms of Service"), we refer to:
“Daydreamers”, the Company;
“Dreamsuite”, the product;
“Trello®”, the platform that Dreamsuite is built on; and
“Dreambot”, a ‘bot’ Trello® member that operates as a member of your Trello® workspace(s) or board(s), processing automations on behalf of Dreamsuite.
1.2. By accessing or using the Dreamsuite "Services" the Customer (the “Customer”, “you” or “yours”) are agreeing to Terms of Service set forth below. Dreamsuite has the right to modify and alter these Terms of Service at any time and without prior notice. In the event that the Customer violates any of the terms below, the service may be terminated.
1.3. You must not use the Services if you do not accept these Terms of Service.
2. APPLICATION
2.1. These Terms of Service will apply to the purchase of the Service by the Customer.
2.2. The Company only grants use and access of its services to those who have accepted these Terms of Service.
2.3. These Terms of Service is made between the Company and the Customer, each a “Party” and collectively the “Parties”.
2.4. If you are using the Services on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. The same rights, limitations and restrictions apply to your employer. You agree that these Terms are enforceable as if they were written negotiated agreement signed by your employer.
3. ACCOUNT TERMS
3.1. Subject to these Terms of Service, the Company grants you a non-exclusive, non-transferable license to use the Services only for internal company activities when you create an account on Dreamsuite.
3.2. You are responsible for keeping your account and password secure. Daydreamers is not liable for any loss or harm resulting from your failure to adhere to this security responsibility.
3.3. You are personally liable for all content uploaded and activity conducted via your account (even when content is posted by others who have their own logins under your account).
3.4. You may not use the Service for any illegal purpose or in violation of any local, state, or federal law (including but not limited to copyright laws).
3.5. To complete the enrolment procedure, you must submit your legal full name, a valid email address, and any additional information needed.
3.6. Your login may only be used by one individual. Sharing a single login with several individuals is not authorized. You may establish as many distinct logins as you choose.
4. PROHIBITED USE
4.1. You must not alter, adapt, or hack the Service in any way.
4.2. You may not change another website in such a way that it fraudulently implies an affiliation with the Dreamsuite Service or Daydreamers.
4.3. Without the explicit written consent of Daydreamers, you undertake not to replicate, duplicate, copy, sell, resell or exploit any component of the Service, use of the Service, or access to the Service.
4.4. You may not use the Services, the content therein and/or do anything that will infringe the intellectual property rights or other rights of any third parties.
4.5. You may not do anything which may damage or impair Daydreamer’s business or reputation or which may otherwise, in Daydreamer’s reasonable opinion, bring or is likely to bring Daydreamer’s business into disrepute.
4.6. Verbal, physical, written, or other abuse of any Service customer, Company employee, or officer (including threats of abuse or reprisal) will result in immediate account cancellation.
5. PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERM
5.1 The plan begins from the date of the first subscription payment
5.2 The payment processor is Stripe
5.2.1 By making payment using Stripe, you consent to initiating a payment or a series of payments by automatic collection on the Stripe platform
5.2.2 The frequency of collection will be stated on the subscription payment page
5.2.3 The payment will be collected on the same date each month
5.2.3 If a payment fails, Stripe will retry a maximum of 3 times
5.3 If a payment fails after 3 attempts, services may be suspended or cancelled
5.4. Any plan level upgrade or downgrade will result in the new rate being applied during the following billing period. No proration will be applied to downgrades made between billing periods.
5.5. Downgrading your Service may result in the loss of some of your account’s features or capacity. Daydreamers will not be held liable for such loss.
5.6. All fees are exclusive of all taxes, levies, and duties imposed by taxing authorities, and you are solely responsible for payment of all such taxes, levies, and duties. Where applicable, Daydreamers will collect and remit such taxes on behalf of the taxing authority.
5.7. Payment is made either in USD ($), unless agreed otherwise. You are liable for all costs associated with making such payment in the stated currencies regardless of your home currency (including all associated bank charges). If Daydreamers incurs any bank charges resulting from your payment, we may recover such charges from you.
5.8. Daydreamers do not process Refunds for Dreamsuite services.
6. DURATION, CANCELLATION AND TERMINATION
6.1 The minimum subscription period for monthly subscriptions is three (3) months and twelve (12) months for annual subscriptions
6.1.1 If you cancel the service before the end of the minimum subscription, you will no longer have access to the services and you will be billed for any outstanding amount
6.2. Access to the Services will be available to you until the end of your subscription period or in the case the Company terminates the Service under this clause, with immediate effect.
6.3. If you cancel the Service before the end of the current paid-up month, you will have access to the Services until the end of your current subscription period. The Service will then be terminated at the end of that period.
6.4. Upon termination, Dreambot will be removed from your workspace(s) or board(s).
6.5. The Dreamsuite automation features will no long be available to you.
6.6. The Trello® workspace(s) and board(s), including all of the data, will remain your property.
6.7. Daydreamers has the right, in its sole discretion, to suspend or cancel your account and to deny you access to the Service for any reason at any time. This will result in the deactivation of your Account or your access to it.
6.8. Daydreamers retains the right, at any moment, to deny the Service to anybody for any reason.
7. MODIFICATIONS TO THE SERVICE AND PRICES
7.1. Daydreamers retains the right, with or without warning, to alter or terminate, temporarily or permanently, any aspect of the Service.
7.2. All prices for Services are subject to change upon notice from us of 30 days. This notice may be given at any time by publishing the modifications on our website or through the Service itself.
7.3. Daydreamers shall have no liability to you or any third party in the event of a Service modification, pricing change, suspension, or discontinuance.
8. TERMS OF USE
8.1. Dreamsuite will not collect, store, or reuse any data that you upload to the solution.
8.2. Daydreamers are not permitted to edit, reuse, or resell any portion of the solution that you have uploaded without consent.
8.3. Dreambot can change, transfer, import, and export data from Trello® for the sole purpose of carrying out your business needs.
8.4. Removal of the Dreambot from your workspace(s) or board(s), will cause your Dreamsuite solution to lose functionality or completely fail.
8.5. Having a Dreambot in your Trello® workplace grants access to your workspace(s) or board(s) to Daydreamers.
9. USE OF LICENSE
9.1. You may not, under the terms of the license granted above:
9.1.1. Make any fraudulent or unauthorized use of the Services;
9.1.2. Utilize the Services in order to defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including, but not limited to, others’ privacy or publicity rights;
9.1.3. Impersonate any person or entity, falsely declare, or otherwise misrepresent your affiliation with any person or entity in connection with the Services; or indicate or imply that any remark you make is endorsed by us;
9.1.4. Interfere with or disrupting the operation of the Services or the servers or networks that make them available; or violating any of the networks’ requirements, procedures, policies, or regulations;
9.1.5. Transmit or otherwise make available in connection with the Services any virus, worm, Trojan horse, or other computer code that is harmful or invasive and that may or is intended to harm or monitor the operation of any hardware, software, or equipment;
9.1.6. Replicate, duplicate, copy, sell, resell, or otherwise exploit any portion of, use of, or access to the Services for commercial purposes;
9.1.7. Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Services;
9.1.8. Obliterate any copyright, trademark, or other indication of property rights from the Services or materials derived from the Services; and/or
9.1.9. Use any manual or automated method to acquire material or to replicate or bypass the Services’ navigational structure or display without Daydreamers express prior written approval.
9.2. The aforementioned license will expire automatically upon a breach of any condition of this clause 9.
10. INTELLECTUAL PROPERTY RIGHTS, PRIVACY AND CONTENT OWNERSHIP
10.1. All data given to the Service must adhere to your jurisdiction’s privacy laws. For more information about privacy, please see our Privacy Policy and the section on GDPR compliance included in these Terms of Service.
10.2. We make no claim to ownership of the material you submit to the Service. All content you post remain your own.
10.3. You retain all rights, title, and interest in and to all of your data and are solely responsible for its legality, reliability, integrity, correctness, and quality.
10.4. All property rights, intellectual property rights and other proprietary rights relating to the Service (including, but not limited to, Products, Cloud Services, Adaptations, Standard Documentation, source codes, systems, programs, databases, methods, interventions, discoveries, know-how), including amendments, innovations, improvements, modifications, additions, extensions, derivatives thereof, are and shall remain the exclusive property of the Company.
10.5. You agree that you will not reproduce or redistribute the Company’s intellectual property in any way, including electronic, digital, or new trademark registrations.
10.6. If your data is lost or destroyed, Daydreamers are not able to restore such data from servers. Daydreamers may take commercially reasonable efforts to recover the lost or damaged data. Daydreamers shall not be liable for any third-party loss, destruction, modification, or disclosure of your data.
10.7. Daydreamers will never disclose or sell any data kept in your account. Daydreamers values your and your users’ privacy and will adhere to the Daydreamers Privacy Policy as revised from time to time.
10.8. Daydreamers does not pre-screen material but retains the right (but not the duty) in their sole discretion to refuse or delete any content made accessible via the Service.
10.9. The Service’s appearance and feel are protected by our copyright. Each and every right is reserved. Without the express written consent of Daydreamers, you may not replicate, reproduce, or reuse any section of the HTML, CSS, JavaScript, or graphic design elements.
11. DISCLAIMER
11.1. You use the Service entirely at your own risk. The Service is provided "as is" and "as available" without warranty of any kind.
11.2. You acknowledge that Dreamsuite relies on third-party suppliers and hosting partners to supply the necessary hardware, software, networking, storage, and associated technologies for the Service to operate.
11.3. We may, but are not obligated to, delete material and accounts that we think are unlawful, infringe on another party’s intellectual property, or breach our Terms of Service.
11.4. You acknowledge that the technical processing and transmission of the Service, including your content, may occur in an unencrypted fashion and may entail (a) transmissions across multiple networks; and (b) conforming and adapting to technical constraints of connecting networks or devices.
11.5. We retain the right to suspend your account momentarily if your consumption considerably surpasses that of other Service subscribers. We will contact the account owner before to taking any action, except in rare instances where the degree of use may adversely affect the Service’s functionality for other users.
11.6. Technical help will be available through the provided channels.
12. WARRANTIES AND LIABILITIES
12.1. Daydreamers makes no such warranty that:
12.1.1. The service will be tailored to your individual needs;
12.1.2. The service will be available without interruption, in a timely manner, in a secure manner, or without errors;
12.1.3. The results acquired via the service’s use will be accurate or dependable;
12.1.4. The service’s quality of any products, services, information, or other material purchased or accessed by you will meet your expectations; and
12.1.5. Any inaccuracies in the Service will be rectified.
12.2. You expressly agree and understand that Daydreamers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Daydreamers has been advised of the possibility of such damages), resulting from:
12.2.1. The service’s usage or incapacity to utilize;
12.2.2. The expense of procuring alternative products and services arising from the purchase or acquisition of goods, data, information, or services, or communications received, or transactions engaged into via or through the service;
12.2.3. Access to or manipulation of your communications or data by a third party; and/or
12.2.4. Third-party remarks or behavior on the service; or any other aspect of the service.
13. THIRD PARTY PROVIDERS
13.1. You recognize that Dreamsuite relies on third-party providers and partners for some aspects of its products (including, but not limited to plugins), in order for the Service to operate.
13.2. You recognize that the Daydreamers/Dreamsuite website or the Services may permit or assist you in accessing the website content of, and making purchases from, third parties via third party websites, and that you do so entirely at your own risk.
13.3. Daydreamers makes no claim or promise to the content or use of any such third-party website, any transactions conducted, or any contract entered into by you. Any contract entered into or transaction performed through a third-party website is between you and the relevant third party, not Daydreamers.
13.4. Daydreamers does not promote or condone any third-party website or its content that may be accessed through its website or Services, including Trello®.
14. GENERAL REPRESENTATION AND WARRANTY
14.1. You certify and signify that:
14.1.1. Your use of the Services will be in strict compliance with the Agreement’s Terms of Service and all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area governing online conduct and acceptable content, as well as all applicable laws governing the transmission of technical data exported from the country in which you reside); and
14.1.2. Your use of the Services will not violate or misappropriate Daydreamers’ or a third party’s intellectual property rights.
15. INDEMNIFICATION.
15.1. You agree to indemnify and hold harmless Daydreamers, its contractors and licensors, as well as their respective directors, officers, employees, and agents, from and against any and all claims and expenses, including legal and professional fees, arising out of your use of the Services, including but not limited to your violation of these Terms of Services.
16. SEVERABILITY
16.1. If any provision of these Terms of Services is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Services unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
17. GDPR POLICY
17.1. GDPR means the General Data Protection Regulation.
17.2. Customer Data means all necessary personal data relating to any Customer.
17.3. Where the Company processes any Customer Data, the Company will comply with all requirements and obligations under the Data Protection Laws (the GDPR, any UK implementing laws, regulations and secondary legislation under the GDPR and the UK Data Protection Act 2018).
17.4. Customer data shall be:
17.4.1. Processed lawfully, fairly and in a transparent manner in relation to individuals;
17.4.2. Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered incompatible with the initial purposes;
17.4.3. Adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed;
17.4.4. Processed by the Company in accordance with the Privacy Policy (to the extent it complies with the Data Protection Laws) and the Customer’s written instructions.
17.4.5. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased, or rectified without delay;
17.4.6. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organizational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
17.4.7. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures.
17.5. General provisions
17.5.1. This policy applies to all Customer Data processed by Dreamsuite.
17.5.2. This policy shall be reviewed at least annually.
17.5.3. Daydreamers is registered with the Information Commissioner’s Office as an organization that processes personal data.
17.6. Lawful, fair, and transparent processing
17.6.1. To ensure its processing of data is lawful, fair and transparent, Daydreamers shall maintain a Register of Systems.
17.6.2. The Register of Systems shall be reviewed at least annually.
17.6.3. The Company will keep and maintain complete and accurate records and information of any processing of personal data it carries out on behalf of the Customer.
17.6.4. Individuals have the right to access their personal data and any such requests (including from a data subject in connection with any exercise of any of its rights under the Data Protection Laws) made to Daydreamers shall be dealt with appropriate technical and organizational measures within a reasonable time period.
17.6.5. The Company will provide, on request, a copy of all personal data held by the Company in the format and on the media reasonably specified by the Customer.
17.7. Lawful purposes
17.7.1. All data processed by Dreamsuite must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests.
17.7.2. Daydreamers shall note the appropriate lawful basis in the Register of Systems.
17.7.3. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
17.7.4. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent will be clearly available and systems will be in place to ensure such revocation is reflected accurately in Daydreamers systems.
17.8. Accuracy
17.8.1. Daydreamers shall take reasonable steps to ensure personal data is accurate.
17.8.2. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
17.9. Archiving / removal
17.9.1. To ensure that personal data is kept for no longer than necessary, Daydreamers shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
17.9.2. The archiving policy shall consider what data should/must be retained, for how long, and why.
17.10. Security
17.10.1. Daydreamers shall ensure that personal data is stored securely using modern software that is kept-up to date.
17.10.2. Access to personal data shall be limited to personnel who need access to the data, and appropriate security is in place to avoid unauthorized sharing of information.
17.10.3. Personnel who have access to and/or process personal data at any time are informed of the confidential and sensitive nature of Customer data and are made aware of their obligations and data subjects’ rights under the Data Protection Laws.
17.10.4. When personal data is deleted, this should be done safely such that the data is irrecoverable.
17.10.5. Appropriate back-up and disaster recovery solutions shall be in place.
17.10.6. In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data, Daydreamers shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website).
17.10.7. The Company will notify the Customer as soon as reasonably practicable on becoming aware of a personal data breach, including if any personal data is lost, destroyed or becomes damaged, corrupted or unusable, and where requested or required to assist, to notify the data subject of such breach.
18. DISPUTE RESOLUTION
18.1. The Parties shall in the first instance attempt to resolve any dispute with respect to any matter arising out of or relating to these Terms of Service by negotiation.
18.2. If the matter cannot be resolved through negotiation, the Parties will, at the request of either of them, attempt in good faith to resolve the dispute through an agreed alternative dispute resolution ("ADR”) procedure.
18.3. If the matter has not been resolved by an agreed ADR procedure within one (1) month of the initiation of such procedure, the dispute shall be referred to a single arbitrator to be agreed upon by the Parties or in default of agreement within fourteen (14) days to be nominated by the President for the time being of the Chartered Institute of Arbitrators in accordance with the Arbitration Act 1996. The arbitration shall take place in London and shall be in accordance with the Arbitration Act 1996 and such arbitration rules as the Parties may agree or, in default of agreement, in accordance with the Rules of the London Court of International Arbitration which Rules are deemed to be incorporated by reference into this Condition.
18.4. The decision of the arbitrator shall be final and binding on the Parties.
19. MISCELLANEOUS
19.1. Unless otherwise specified in this agreement, the rights and remedies granted hereunder are in addition to, and not exclusive of, any rights or remedies allowed by law.
19.2. These Terms of Service (as they may be updated from time to time by Daydreamers) constitute the entire agreement between the Parties and supersede all prior agreements and understandings with respect to the same.
19.3. You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. The Company assumes no responsibility for liabilities related to age misrepresentation.
19.4. Failure or delay on the part of a Party to exercise any right or remedy granted by this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it exclude or limit the party from exercising that or any other right or remedy in the future. No single or partial exercise of such right or remedy precludes or restricts the exercise of that or any other right or remedy in the future.
19.5. Nothing in the Agreement is intended to or shall be construed as creating a partnership between the parties or authorizing one party to act as an agent for the other, and neither Party shall have the authority to act in the name, on behalf of, or in any other way bind the other (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
19.6. According to the Contracts (Rights of Third Parties) Act 1999, the Agreement does not confer any rights on any person or party (other than the parties to this agreement and, where appropriate, their successors and authorized assigns).
19.7. The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms of Service without any notification or consent required. You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Service without the Company’s prior written consent.
19.8. The Agreement, as well as any disagreement or claim arising out of or in connection with it, its subject matter or formation (including non-contractual disputes or claims), shall be governed and interpreted in accordance with the laws of England and Wales.
19.9. Each party irrevocably acknowledges that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with the Agreement, its subject matter, or formation (including non-contractual disputes or claims).
19.10. The Terms of Service shall apply to any new features that complement or expand the present Service, including the provision of additional tools and resources. Your continued use of the Service following any such modifications constitutes your acceptance of such changes.
CONTACT US
If you have questions or comments about these Terms, please contact:
Daydreamers Solutions LLP
71-75 Shelton Street
Covent Garden
London
WC2H 9JQ
UNITED KINGDOM
Email:contactus@daydreamers.info
Phone/Whatsapp:+44 7511 830504
© 2023 Daydreamers LLP
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© 2023 Daydreamers LLP
We use cookies to give you the best online experience. Find out more on how we use cookies in our cookie policy.
© 2023 Daydreamers LLP
We use cookies to give you the best online experience. Find out more on how we use cookies in our cookie policy.