Terms of Service

Version 1.0 · Last updated 29 July 2026

These Terms of Service (“Agreement”) govern access to and use of the Dimply self-service products. This Agreement applies to any individual or entity that accesses, creates an account for, signs up for, upgrades to, or uses the Dimply “Starter Edition” or “Builder” product or any other free or paid self-service subscription offered by Dimply (collectively, the “Self-Service Products”). Unless expressly stated otherwise in writing, this Agreement applies only to the Self-Service Products and does not govern any services provided under a negotiated master services agreement.

By creating a Dimply account, registering for Starter Edition or Builder, activating or using any Self-Service Product made available directly by Dimply or through an authorised partner, purchasing or upgrading a self-service subscription, or otherwise accessing the Self-Service Products, you confirm that you have reviewed and accept the terms of this Agreement. If you do not agree to these terms, you must not access or use the Self-Service Products.

The Dimply data processing agreement (“DPA”), available at dimply.ai/data-processing-agreement, is incorporated into and forms part of this Agreement. By accepting this Agreement, Customer agrees to the terms of the DPA to the extent it processes personal data through the Self-Service Products

If you access or use the Self-Service Products on behalf of a company or other legal entity, the terms “Customer”, “you”, and “your” refer to that entity. By doing so, you represent and warrant that you have the authority to bind that entity to this Agreement.

Scope of Agreement and Products

This Agreement governs your access to and use of Dimply’s Self-Service Products made available for online self-service sign up to customers without a sales-led contracting process.
Starter Edition is a free, self-service plan designed to allow users to explore the Dimply platform, build initial solutions, and test core functionality. Starter Edition provides access to a limited set of platform capabilities and includes a fixed allocation of usage credits that may be used to design, build, and test journeys within the platform.
Once the allocated credits have been consumed, continued use of the platform for building or running journeys may require the Customer to upgrade to a paid subscription plan, such as Builder, or purchase additional credits where available.
Starter Edition may also be subject to additional usage thresholds, functional limitations, and other restrictions described on Dimply’s website, product documentation, or pricing pages. Dimply may modify the credit allocation, feature availability, or other limits associated with Starter Edition from time to time, including where necessary to maintain service reliability, prevent misuse, protect the platform, or reflect updates to the product.
Builder is a paid self-service subscription plan that provides expanded platform capabilities beyond those available in Starter Edition. Builder includes additional usage credits, increased capacity, and access to enhanced features and functionality as described in Dimply’s applicable plan documentation, product materials, or pricing pages.
Builder subscriptions are offered on a recurring basis and may be billed monthly or annually, depending on the billing option selected at the time of sign-up or when upgrading from Starter Edition. Additional usage credits may be purchased where available if the credits included in the subscription are exhausted.
Pricing, subscription structures, usage credits and limits, and included features are determined by Dimply’s current pricing pages, plan descriptions, product documentation, or the information presented during the checkout or upgrade process, as updated from time to time.
Dimply may modify, update, or discontinue features of the Self-Service Products from time to time, including to improve functionality, security, or performance. Dimply will use reasonable efforts to provide advance notice of material changes that may significantly impact Customer use.

Right of Access and Use

Subject to the terms and conditions of this Agreement, Dimply hereby grants to Customer a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Self-Service Products during the Term for Customer’s internal business purposes.
Customer shall not, and shall not permit any third party to, access or use the Self-Service Products in a manner that:
1. copies, modifies, duplicates, creates derivative works from, frames, mirrors, republishes, downloads, displays, transmits, or distributes all or any portion of the Self-Service Products in any form or media;
2. reverse engineers, decompiles, disassembles, or otherwise attempts to derive or extract the source code, underlying ideas, algorithms, or structure of the Self-Service Products;
3. accesses the Self-Service Products in order to build, benchmark, develop, or support a product or service that competes with the Self-Service Products;
4. exceeds the permitted usage limits, usage credits, or plan restrictions applicable to the Customer’s subscription plan, or attempts to circumvent or bypass any technical limitations or security measures implemented in the Self-Service Products;
5. provides the Self-Service Products to third parties on a commercial basis, including through resale, sublicensing, managed services, time-sharing, or service bureau arrangements, unless expressly authorised in writing by Dimply;
6. introduces or transmits any viruses, malware, malicious code, spam, or other harmful material into or through the Self-Service Products;
7. accesses, stores, distributes, or transmits any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, discriminatory, racially or ethnically offensive, or that depicts sexually explicit content;
8. facilitates illegal activity, promotes unlawful violence, or otherwise violates applicable laws or regulations;
9. contains unsolicited or unauthorised advertising, promotional, or marketing materials; or
10. otherwise uses the Self-Service Products in violation of this Agreement, applicable law, or Dimply’s published policies.

Support and Training

The Self-Service Products include access to standard support resources only, such as community forums, knowledge base materials, and assistance relating to account or billing matters. These products do not include onboarding services, professional services, dedicated customer success management, service level agreements (SLAs), or guaranteed uptime commitments, as these only apply to enterprise or sales-led subscriptions where such terms are expressly included in a separate written agreement with the Customer. Training for the Self-Service Products is limited to self-guided resources, including online documentation, help articles, tutorials, and recorded materials made available by Dimply. Customers who require SLAs, dedicated support, professional services, or enterprise-grade features should contact Dimply to discuss an enterprise subscription, which is governed by a separate written agreement and is not subject to these terms.

Customer Obligations

Customer is responsible for all activities conducted through its accounts and must ensure that its use of the Self-Service Products complies with this Agreement, all applicable laws and Dimply’s applicable policies, including any Fair Use Policy published on its website. Customer is also responsible for maintaining the confidentiality of its account credentials and access controls. Customer must promptly notify Dimply of any unauthorised access to its account or suspected security breach. Any violation of Customer obligations under this Agreement may constitute a material breach and may result in the suspension or termination of access to Dimply products and services without refund.
Authorised Users. Customer is responsible for ensuring that all Authorised Users who access the Self-Service Products under the Customer’s account comply with the terms of this Agreement. The Customer will be responsible for all acts and omissions of such users as if they were the Customer’s own.
The Customer may not use the Self-Service Products to store, process, transmit, or otherwise make available any data that is subject to heightened regulatory, contractual, or security requirements that would require Dimply to enter into additional agreements, certifications, or compliance obligations not provided under these terms. Without limitation, the following categories of data are prohibited:
1. protected health information or similar regulated health data governed by laws such as HIPAA or equivalent regulations;
2. classified, government-restricted, or controlled government data;
3. export-controlled or sanctions-restricted data, including data subject to ITAR, EAR, or similar regulations; and
4. any data that would require security, audit, regulatory, or contractual commitments beyond those expressly provided under this Agreement.
Customer is responsible for determining whether its use of the Self-Service Products complies with applicable law and regulatory obligations. If the Customer’s intended use requires regulated data processing or additional contractual commitments, the Customer must contact Dimply to discuss an alternative subscription or enterprise arrangement.
Customer agrees to use the Self-Service Products responsibly, ethically, and in accordance with this Agreement, any applicable policies, and all relevant laws and regulations. The Customer must not use the Self-Service Products in a manner that infringes or misappropriates the intellectual property, privacy, or other rights of any third party, or in a manner that is unlawful, deceptive, abusive, harmful, or fraudulent.
Customer is responsible for obtaining and maintaining all equipment, software, internet connections, and other systems required to access and use the Self-Service Products.
Customer is solely responsible for all content, trademarks, data, workflows and configurations created, uploaded, or processed using the Self-Service Products and for ensuring that it has all necessary rights, permissions, and authorisations to use such data in connection with the Self-Service Products.
Dimply may suspend, limit, or terminate the Customer’s access to the Self-Service Products if it reasonably believes that the Customer or any Authorised User has breached this Agreement, failed to pay applicable fees, or used the Self-Service Products in a way that poses a security risk, violates applicable law, or otherwise misuses the Self-Service Products. Where appropriate, Dimply will provide written notice and allow the Customer ten (10) days to remedy the breach. However, Dimply may suspend or disable access immediately and without prior notice where necessary to protect the security or integrity of the Self-Service Products, comply with legal obligations, prevent fraud or abuse, or avoid disruption to other customers. Dimply may also refuse, limit, or discontinue access to the Self-Service Products where required to protect the Dimply platform or Dimply’s legitimate business interests. The Customer will not be entitled to any refund or compensation arising from a suspension and will remain responsible for any applicable fees during the suspension period.
Authorisation for Uploaded Content. Before uploading, submitting, or processing any content, data, or materials through the Self-Service Products that belong to or originate from a third party (including any employer, client, or other organisation), the Customer and each Authorised User must hold and have obtained all necessary internal authorisations, consents, and permissions required to upload and process such content. Without limitation, this obligation applies to:
1. intellectual property owned by third parties, including logos, brand assets, designs, trade marks, and copyrighted materials;
2. personal data or confidential information belonging to clients, customers, employees, or other individuals; and
3. proprietary or confidential information of any employer or other organisation.
By uploading or submitting any such content, the Customer warrants that it has obtained all necessary authorisations and that such upload and processing does not violate any applicable law, third-party rights, or internal policies of the relevant organisation. Dimply shall have no liability arising from the Customer's failure to obtain such authorisations.

Fees and Subscriptions

Starter Edition is provided free of charge and includes a limited allocation of usage credits as described in Dimply’s plan documentation. Builder and other paid plans are provided on a subscription basis and are billed in advance on either a monthly or annual cycle, depending on the billing option selected during sign-up or upgrade. Certain platform features or additional usage credits may be subject to usage-based charges, as described in Dimply’s pricing pages or product documentation.
No refunds. Except where required by applicable law, all fees paid are non-refundable, including fees for partially used subscription periods, unused credits, unused capacity, or early cancellation of a subscription.
By subscribing to or using a paid plan, the Customer authorises Dimply and its designated payment processor to charge the payment method associated with the Customer’s account in accordance with clause 6.2. The Customer must maintain a valid and current payment method on file unless Dimply expressly agrees to an alternative billing arrangement.
Auto Renewal. Unless otherwise stated at the time of purchase, paid subscriptions to Builder or any other paid Dimply plans will automatically renew at the end of each billing period (monthly or annually, as applicable) for a further subscription term of the same duration. Renewal charges will be applied to the Customer’s payment method on file at the then-current applicable subscription rate.
Cancellation. The Customer may cancel a paid subscription at any time through the account management settings or by contacting Dimply support. Unless otherwise stated, cancellation will take effect at the end of the current billing period, and the Customer will retain access to the Self-Service Products until that time. No refunds or credits will be provided for any unused portion of the subscription term unless required by applicable law.
Plan Changes and Upgrades. If the Customer upgrades to a higher plan or purchases additional usage credits during a subscription term, applicable charges may be applied immediately and may adjust the Customer’s billing cycle or next renewal charge as described in Dimply’s pricing documentation.
Price Changes. Dimply may modify its pricing, subscription plans, credit allocations, or applicable usage charges from time to time. Any such changes will apply at the start of the Customer’s next renewal period unless otherwise stated. Where required by law, Dimply will provide reasonable advance notice of such changes.
Failure to Pay. If any payment is unsuccessful or overdue, Dimply may suspend or restrict access to paid features of the Self-Service Products until the outstanding payment is received, without prejudice to any other rights or remedies available to Dimply. Customer may not withhold, offset, or reduce any fees due under this Agreement except where required by applicable law.

Payments and Billing

Payments for the Self-Service Products may be processed through a third-party payment processor designated by Dimply. Payment processing services may be provided by such payment processor and will be subject to the applicable terms and conditions of that provider. By providing a payment method, the Customer agrees to comply with any applicable payment network rules and the terms of the payment processor used by Dimply. Dimply may change its designated payment processor from time to time, provided that such change does not materially reduce the security protections applicable to payment method data.
Authorisation to Charge. By providing a payment method, the Customer authorises Dimply and its payment processor to: (i) obtain pre-authorisations where required; and (ii) charge the Customer’s payment method for all applicable fees, including subscription fees, renewals, usage-based charges, upgrades, add-ons, taxes, and other amounts payable under this Agreement in connection with the Self-Service Products.
Valid Payment Method. Customers subscribing to paid plans must maintain at least one valid and current payment method on file unless Dimply expressly agrees to alternative billing arrangements. If a payment method becomes invalid or payment cannot be processed, the Customer must promptly update its payment information.
Payment Method Storage. Payment method details provided by the Customer may be collected, stored, and processed by Dimply’s payment processor using tokenisation or similar security mechanisms. Dimply does not store or process raw payment card numbers or other sensitive payment credentials. Payment data will be handled in accordance with the security practices and obligations of the payment processor and applicable law. Where permitted by applicable law, tokenised payment information may be used to facilitate recurring billing, subscription renewals, or payment for additional purchases made through the Customer’s account in connection with the Self-Service Products.
Currency Conversion. If a Customer’s payment method is denominated in a currency different from the invoiced currency, the payment processor may apply currency conversion at its then-current exchange rate and may charge applicable foreign exchange or conversion fees.
Taxes. All fees payable under this Agreement are exclusive of applicable taxes, including sales tax, VAT, GST, withholding taxes, or similar governmental charges, which the Customer shall be responsible for. Where required by law, Dimply or its payment processor may collect or withhold taxes and add them to the applicable charges unless the Customer provides a valid tax exemption certificate.
Billing and Records. Dimply may issue invoices, receipts, or billing statements through the platform or through its payment processor for record-keeping and tax purposes.
Failed Payments. If a payment is declined, reversed, or otherwise fails, Dimply may attempt to process the payment again within a reasonable period. Dimply may request updated payment information from the Customer. If payment is not successfully processed within a reasonable period, Dimply may suspend access to paid features or Self-Service Products until payment is received or a valid payment method is provided.
Chargebacks and Payment Disputes. Customers agree not to initiate chargebacks or payment disputes as a substitute for good-faith dispute resolution under this Agreement. If a chargeback or payment reversal occurs, Dimply may investigate the matter and provide transaction information to its payment processor. Unless the charge is determined to be invalid under this Agreement, the Customer remains responsible for the applicable fees and any chargeback-related costs imposed by payment networks or payment processors.
Compliance and Lawful Use. Customer represents and warrants that it will not use the Self-Service Products or any payment functionality in connection with fraudulent, unlawful, or deceptive activities, or in violation of applicable laws, sanctions regulations, or payment network rules. Customer must also ensure that it is authorised to use any payment method submitted in connection with the Self-Service Products and is responsible for all charges incurred through its account.
Changes to Payment Terms. Dimply may update these payment terms from time to time to reflect changes in payment processing practices, applicable law, or payment network requirements. Material changes will become effective no sooner than thirty (30) days after posting, unless a shorter period is required by law. Continued use of the Self-Service Products after such updates constitutes acceptance of the revised terms.
Survival. Customer payment obligations, taxes, chargeback liabilities, and collection rights will survive termination or expiration of this Agreement to the extent necessary to enforce outstanding obligations.

Customer Data

Customer Data. The Customer retains all rights, title, and interest in any data, content, or information submitted, uploaded, or generated through the Self-Service Products (“Customer Data”). Dimply will process Customer Data solely for the purpose of providing and operating the Dimply services and in accordance with its DPA and Privacy Policy, as updated from time to time.
Dimply maintains administrative, technical, and organisational safeguards designed to protect the security, integrity, and confidentiality of Customer Data processed through the Self-Service Products. These safeguards may include, where appropriate: (i) encryption of Customer Data in transit and at rest; (ii) access controls and authentication mechanisms; (iii) employee confidentiality obligations and security training; (iv) incident detection and response procedures; and (v) independent security assessments or audits. Dimply may update its security measures from time to time, provided that such updates do not materially reduce the level of protection for Customer Data.
Hosting and Data Processing Locations. At the time of account registration, Dimply may make available a selection of hosting regions for the Self-Service Products. The Customer may select the applicable hosting region during account creation for the relevant Service. The selected region will apply to that Service and may not be changeable through the application interface.
Information regarding Dimply’s use of subprocessors, including hosting providers and locations, will be made available in Dimply’s published subprocessor list. The Customer acknowledges that, where necessary to operate, support, maintain, or secure the Self-Service Products, certain data may be processed or accessed outside the initially selected hosting region in accordance with Dimply’s data protection commitments.

Intellectual Property

All IPR in and to the Self-Service Products, including any software, platform functionality, documentation, specifications, systems, technology, materials, or related content provided or made available by Dimply, remain the exclusive property of Dimply or its licensors. Except for the limited rights expressly granted under this Agreement, no rights, title, or interest in the Self-Service Products or Dimply’s intellectual property are transferred to the Customer. Customer may provide suggestions, ideas, or feedback directed specifically at improving the Self-Service Products (“Feedback”). For the avoidance of doubt, Feedback does not include, and this clause does not apply to: (i) Customer Data; (ii) Inputs or Outputs as defined in Clause 9.3; or (iii) any content, configurations, templates, workflows, or other materials created by the Customer on or through the Self-Service Products, regardless of whether such materials are shared with Dimply. Customer agrees that Dimply shall own all rights, title, and interest in and to any Feedback, including any IPR therein. To the extent any rights in the Feedback do not automatically vest in Dimply, Customer hereby irrevocably assigns to Dimply all such rights, title, and interest. Dimply may freely use, disclose, reproduce, license, distribute, and otherwise exploit the Feedback for any purpose, including to improve the Self-Service Products or develop new products or services, without any obligation, restriction, or compensation to Customer. Nothing in this clause affects the Customer’s ownership of Customer Data.
“IPR” means: (i) all patents, patent applications, and certificates of invention, and all continuations, continuations in part, extensions, renewals, divisions, re-issues and re-examinations relating thereto; (ii) all moral rights and copyrights in any work of authorship or other work recognised by foreign or domestic law, by statute or at common law or otherwise, including all copyright registrations and applications therefor, together with any renewal or extension thereof and all rights deriving therefrom; (iii) all, whether registered or unregistered, trademarks, service marks, trade names and trade dress, and all goodwill relating thereto; (iv) all rights in all trade secrets, know-how, and confidential information; and (v) other intellectual property rights protectable under any laws or international conventions throughout the world.
Usage Data. The Dimply platform and the Self-Service Products may generate operational, analytical, and performance data relating to the platform (“Usage Data”). Dimply owns all rights, title, and interest in and to such Usage Data, including any statistics, analytics, performance metrics, insights, and any aggregated or anonymised data derived from it. Dimply may collect, use, analyse, and exploit Usage Data for its legitimate business purposes, including operating, maintaining, supporting, securing, improving, and developing the Self-Service Products and related services. Usage Data will be aggregated and irreversibly anonymised so that it does not identify the Customer or any individual and will not include Customer Data.

AI Features

The Self-Service Products may include features that utilise artificial intelligence or machine learning technologies (“AI Features”) to enhance functionality, performance, and user experience. AI Features may be provided through: (i) Dimply-Hosted AI Models, which are made available through the Self-Service Products and may rely on third-party model providers; or (ii) Customer-Provided AI Models, where the Customer connects third-party AI models to the Self-Service Products through supported integrations or APIs. Use of AI Features is optional.
Where AI Features rely on third-party providers, such use may also be subject to the terms and acceptable use policies of the relevant third-party AI model providers, which Customer is responsible for reviewing and complying with.
Customer Data and AI Processing. For the purposes of AI Features:
1. “Inputs” means any data, prompts, content, or materials submitted by Customer to the AI Features; and
2. “Outputs” means any content or results generated by the AI Features in response to Inputs.

As between the parties, Customer retains ownership of all Inputs and Outputs, subject to any applicable third-party terms governing the underlying AI models. Dimply will not use Customer Data submitted to AI Features for the purpose of training generalised artificial intelligence models, unless expressly authorised by Customer.
Customer Responsibility for AI Use. AI-generated outputs may contain inaccuracies, limitations, or biases. The Customer assumes all responsibility for the use of Output and is solely responsible for:
1. reviewing, validating, and determining the suitability of any Outputs generated by AI Features;
2. ensuring that its use of AI Features complies with applicable laws and regulations; and
3. ensuring that AI-generated Outputs are subject to appropriate human review and oversight before reliance or publication.
Customer-Provided AI Models. Dimply does not control and is not responsible for the operation, availability, or outputs of any Customer-provided AI models or third-party AI services. If Customer connects its own AI models or third-party AI services to the Self-Service Products, Customer is solely responsible for:
1. the setup, configuration, and security of such integrations;
2. compliance with any third-party terms applicable to those AI services; and
3. any costs, performance issues, or risks arising from the use of such integrations.
Acceptable Use of AI Features. The Customer must not use AI Features or AI-generated Outputs in a manner that:
1. violates applicable laws or regulations;
2. infringes the rights of third parties, including intellectual property or privacy rights;
3. promotes unlawful, fraudulent, harmful, or deceptive activity;
4. generates misleading or manipulative content intended to impersonate or deceive individuals; or
5. circumvents or interferes with safeguards implemented by Dimply or any third-party AI provider.

Dimply may suspend or restrict access to AI Features if it reasonably believes they are being used in violation of this Agreement.

AI Usage Limits. Where AI Features are subject to usage credits or consumption limits, the Customer is responsible for monitoring usage and managing consumption. Service interruptions resulting from exhausted credits or usage limits will not constitute a breach of this Agreement.
EU AI Act Compliance. To the extent applicable, Dimply shall comply with the requirements of Regulation (EU) 2024/1689 on artificial intelligence (the “AI Act”) in its capacity as a provider of AI systems and, where applicable, as a deployer of AI systems included within the Self-Service Products. In particular:
1. Transparency to end users: where AI Features include functionality that is designed to interact directly with natural persons (including any conversational or chatbot-type interfaces), Dimply will take reasonable steps to ensure that such persons are informed they are interacting with an AI system, in accordance with Article 50(1) of the AI Act, unless such interaction is obvious in context;
2. AI-generated content labelling: where AI Features generate synthetic text, audio, image, or video content, Dimply will implement technically feasible and proportionate measures to mark or label such outputs as artificially generated, in accordance with Article 50(2) of the AI Act, to the extent this obligation applies to Dimply as provider;
3. High-risk AI systems: Dimply does not currently offer AI Features that are classified as high-risk AI systems under Annex III of the AI Act. If Dimply introduces AI Features that constitute high-risk AI systems, Dimply will update these terms accordingly and comply with applicable obligations under the AI Act, including any conformity assessment, registration, and transparency requirements; and
4. General-purpose AI models: where AI Features rely on general-purpose AI models provided by third-party model providers, Dimply will take reasonable steps to ensure that such model providers comply with applicable obligations under Chapter V of the AI Act. Dimply is not itself the provider of the underlying general-purpose AI models it integrates into the Self-Service Products.
Customer AI Act Obligations. As deployer of AI Features in their own operations and workflows, Customers may themselves have obligations under the AI Act in their capacity as “deployers” within the meaning of that Regulation. The Customer is responsible for determining and complying with any AI Act obligations that apply to its use of the Self-Service Products, including any obligations relating to: (i) human oversight of AI-generated outputs; (ii) transparency disclosures to individuals who interact with or are subject to decisions made using AI Features; and (iii) compliance with applicable prohibited use restrictions under Article 5 of the AI Act. Dimply will provide reasonable cooperation to Customers who require information about the AI systems embedded in the Self-Service Products in order to fulfil their obligations under applicable law.

Warranty and Disclaimers

Dimply warrants that, during the Customer’s subscription term, the Self-Service Products will materially perform in accordance with the applicable documentation made available by Dimply. If the Self-Service Products fail to perform materially in accordance with the documentation, the Customer must notify Dimply in writing with reasonable details of the issue. Dimply will use commercially reasonable efforts to correct the non-conformity within a reasonable period of time. If Dimply is unable to resolve the non-conformity within a reasonable period, the Customer’s sole and exclusive remedy will be the right to terminate the affected subscription and receive a pro-rated refund of any prepaid fees covering the unused portion of the subscription term.
Except as expressly set out in this clause, the Self-Service Products and related services are provided “as is” and “as available.” To the fullest extent permitted by applicable law, Dimply disclaims all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Customer is responsible for determining whether the Self-Service Products are suitable for its intended use, including compliance with any applicable laws or regulations. Dimply does not warrant that the Customer’s use of the Self-Service Products will be uninterrupted, secure, or error-free, or that the Self-Service Products will operate in combination with third-party services used by the Customer unless otherwise expressly agreed.
The Self-Service Products may be subject to limitations, delays, and other issues inherent in the use of the internet and electronic communications. Dimply is also not responsible for any inaccuracies, errors, or issues arising from incorrect, incomplete, or improperly formatted data provided by the Customer or any third party, including data that does not conform to the required input formats described in the Self-Service Products user documentation.
The Customer may choose to use the Self-Service Products with third-party platforms or services. Any use of such third-party services is governed solely by the Customer’s agreement with the relevant third-party provider and not by this Agreement. Dimply does not control and is not responsible or liable for third-party services, including their security, functionality, availability, interoperability, or how those providers process Customer Data. Where Customer connects third-party services or integrations to the Self-Service Products, Customer authorises Dimply to exchange Customer Data with such services as necessary to enable interoperability.
From time to time Dimply may offer beta features which are provided “as is” and may be discontinued at any time.
Dimply may perform scheduled maintenance on the Self-Service Products from time to time. Where reasonably practicable, Dimply will provide advance notice of planned maintenance that may impact service availability.

Limitation of Liability

Nothing in this Agreement limits or excludes liability of either party in respect of any claims for death or personal injury caused by negligence or for any other liability which cannot be excluded or limited by law.
To the maximum extent permitted by applicable law, Dimply will not be liable to Customer for any loss of profits, loss of revenue, loss of business, loss of data, loss of goodwill or reputation, or for any indirect, special, incidental, punitive, or consequential damages, however caused and under any theory of liability, even if Dimply has been advised of the possibility of such damages.
Subject to Clause 11.1 and Clause 11.2, and to the fullest extent permitted by applicable law, Dimply’s total aggregate liability arising out of or in connection with this Agreement or the Self-Service Products, whether in contract, tort (including negligence), breach of statutory duty, indemnity, or otherwise, shall be limited as follows:
1. for free or unpaid subscriptions (including Starter Edition or any other free plan), Dimply’s total aggregate liability shall not exceed €100; and
2. for paid subscriptions, Dimply’s total aggregate liability shall not exceed the total fees paid by the Customer for the Self-Service Products in the twelve (12) months immediately preceding the event giving rise to the claim.

Termination

This Agreement will commence when Customer first accesses or uses the Self-Service Products and will continue for as long as Customer maintains an account or subscription to the Self-Service Products. Dimply may terminate accounts that remain inactive for an extended period of time.
Customer may terminate this Agreement at any time by cancelling its account or subscription through the platform or by contacting Dimply support. Unless otherwise stated, termination will take effect at the end of the then current billing period.
Either party may terminate this Agreement if the other party materially breaches this Agreement and fails to remedy the breach within thirty (30) days after receiving written notice of the breach.
Dimply may suspend or terminate the Customer’s access to the Self-Service Products immediately if:
1. Customer materially violates this Agreement;
2. Customer fails to pay applicable fees;
3. Customer’s use of the Self-Service Products poses a security risk, violates applicable law, or infringes the rights of others; or
4. Dimply is required to do so by law or regulatory authority.
Upon termination or expiration of this Agreement:
1. Customer’s right to access and use the Self-Service Products will immediately cease;
2. Customer may export its Customer Data for a period of thirty (30) days following termination (the “Data Retrieval Period”), unless otherwise specified in Dimply documentation. After the Data Retrieval Period, Dimply will have no obligation to retain Customer Data and may delete such data in accordance with its data retention policies and applicable law; and
3. any outstanding fees owed by Customer will become immediately due and payable.
Termination of this Agreement will not affect any rights or obligations that have accrued prior to the termination date, including payment obligations, confidentiality obligations, and limitations of liability.

Miscellaneous

Force Majeure. Neither party shall have any liability to the other party under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, internet or telecommunications failures, or government actions.
Dimply may identify Customer as a user of the Self-Service Products unless Customer opts out.
No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law, or a single or partial exercise of such right or remedy, shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
Invalidity. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Entire Agreement. This Agreement and any documents referred to in it constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
Assignment. Dimply may assign, novate or otherwise transfer all of its rights and obligations under this Agreement on written notice to Customer. Customer may not assign or transfer this Agreement without the prior written consent of Dimply.
No agency. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between the parties, or authorise either party to act as agent for the other.
Notice. Any notice to be given by either party for the purposes of the Agreement may be sent electronically or via posting on Dimply’s legal pages on its website.
Survival. Any obligations and duties which by their nature extend beyond the expiration or termination of this Agreement will survive the expiration or termination of this Agreement.
Amendment. Dimply may modify this Agreement by posting updated terms on its platform. Material changes become effective no sooner than thirty (30) days after posting. Continued use by Customer constitutes acceptance of such changes.
Governing Law and Jurisdiction. If the contracting entity is Dimply Limited, this Agreement shall be governed by and construed in accordance with the laws of Ireland, and the courts of Ireland shall have exclusive jurisdiction to resolve any dispute arising out of or in connection with this Agreement.