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Terms of Service

Last Updated: 25th July 2023

Please read these terms and conditions (“Terms of Service”) carefully before using the Service.

The Terms of Service govern the relationship between any user or individual (“User” or “You” or “Your” or “Yourself”) who has access / browses the Platform or uses any of the Services of Realm Software Inc. along with its Affiliates and other group companies worldwide (“Company” or “We” or “Our” or “Us”).

In order to use the Services, you must first agree to the Terms of Service and our Privacy Policy. You can accept the Terms by:

**Consent for the Privacy Policy shall be sought independently and as per the terms contained therein.

For the purpose of these Terms of Service, the following terms shall have the meaning as assigned to them:

Affiliates” means the Company’s directors, associates, group, employees, representatives, subsidiaries, holding companies, and other related entities of the Company.

Authorized Users” means individuals or entities who have been granted explicit permission by the User to access and use the Services, subject to the terms and conditions outlined in the Terms of Service.

Developer Tools” shall mean any tool used by software engineers, designers, product managers, and others within an organization to aid in the process of developing an application.

Minimum Age” means 18 (eighteen) years old. However, if any applicable law requires that You must be older in order for the Company to lawfully provide the Services to You without Parental Consent (including using of Your personal data) then the Minimum Age is such older age.

Minor” shall mean anyone under the Minimum Age.

Privacy Policy” means the Company’s policy that outlines how the Company collects, uses, and discloses personal information. The Privacy Policy can be accessed at https://dimension.dev/privacy-policy.

Platform” shall mean https://dimension.dev/, and / or other domains or platforms which may be owned or operated by the Company in the future.

Services” shall mean Platform, Developer Tools and related services provided by the Company.

User Content” shall mean all information, data, software, sound, photographs, graphics, video, messages, tags, or other materials that may be sent, uploaded, communicated, transmitted, or otherwise made available via Our Services by You.

By using the Company’s Platform and/ or Services, You certify that You (i) are of the Minimum Age or older; (ii) will use commercially reasonable efforts to ensure, through proper instructions and enforcement actions, that all access to and use of the Service by You or Authorized Users, or otherwise through Your facilities, equipment, identifiers, or passwords, will conform to this Terms of Service and will be made and used solely for proper and legal purposes, and will be conducted in a manner that does not violate any law or regulation, the rights of any third party, or this Terms of Service; (iii) are not already restricted by the Company from using the Services; and (iv) accept OurPrivacy Policy and agree to these Terms of Service.

We reserve the right to change, modify or update these Terms of Service and Privacy Policy and/or change, update or discontinue any aspect of the Platform and/ or the Services at any time. Your continued use of the Platform and/ or the Services, as the case may be, after any such change constitutes your agreement to these Terms of Service, as modified. It shall be Your responsibility to check these Terms of Service periodically. You can check the “Last Updated” legend on this Terms of Service page to check the last date on which these Terms of Service were amended.

You have the right to opt-out of agreeing to these Terms of Service, and therefore also using the Platform. If You are not comfortable with any of the Terms of Service or do not wish to be bound by the same, You are at liberty to refrain from using the Platform and the Services. However, please be aware that your use of the Services would mean deemed acceptance of these Terms of Service, the Privacy Policy and its associated policies, including any modifications thereof. As long as you comply with these Terms of Service. Further, if You violate the Terms of Service and/or Privacy Policy in any way, then Your License (defined below) to use the Platform and the Service shall immediately terminate.

REGISTRATION OF SERVICES

For availing Our Service on the Platform, You are required to register yourself on the Platform using Your email ID. You agree to provide true and correct information to Us while registering on Our Platform. You undertake that all the information You provide to Us on accessing and/or using Our Services is and shall remain true, accurate and complete at all times. Creating an account with false information is a violation of the Terms of Service, including accounts registered on behalf of others or persons under the age of 18 years. The Company shall bear no responsibility in case the information provided by You for registering Yourself or provided during the course of using the Services is incorrect / dishonest / fraudulent or a misrepresentation.

ACCOUNT AND LOGIN CREDENTIALS

You can access Your account on the Platform with a username and password (collectively “Login Credentials”). We are not responsible for the security of Your Login Credentials. We will not be held liable for any instruction / order placed through Your account by using Your Login Credentials which may be unauthorized due to any reason including security breach or leak of information on Your part. You shall immediately inform the Company, through information mentioned under Customer Care under these Terms of Service, of any unauthorised use of Your Login Credentials with full details of such unauthorised use including the date of such unauthorized use and the manner in which it was unauthorisedly used.

GRANT OF A LICENSE TO USE THE SERVICE

Subject to Your compliance with these Terms of Service, The Company grants You a limited, worldwide, royalty-free, non-assignable, non-exclusive, and non-sublicensable license (“License”) to use the Platform solely for the Services.

USE OF SERVICE BY MINOR

For a Minor who is accessing, browsing, or using the Company’s Platform, their parent or guardian, under applicable laws, accept and agree to the terms of Our Privacy Policy and Terms of Service (“Parental Consent”). Any access, browsing, or use of the Services by a Minor shall be deemed to have Parental Consent. If You do not have Parental Consent, You are prohibited from using Our Services.

If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Terms of Service and are responsible for your child’s activity on the Platform and/ or Service.

USE OF SERVICE - RESTRICTIONS AND TERMINATION OF SERVICE

The Company reserves the right to terminate the Services and the license of any User without giving any reason. If We believe that a User is in violation of this Terms of Service, We have the right to suspend Your account. You further agree that:

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the Company owns all legal right, title and interest in and to the Services. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, images, and all other elements of the Service (collectively, the “Service Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights under applicable laws. Except for any User Content owned and/or posted by You or other Users, all Service Materials are the copyrighted property of the Company. Furthermore, all trademarks, service marks, and trade names contained in the Service Materials are proprietary to the Company. Except as expressly set forth herein, Your Use of the Service does not grant to You ownership of or any other rights with respect to any content, code, data, user comments or other materials that You may access on or through the Service. The Company reserves all rights to the Service Materials not expressly granted in the Terms of Service.

You acknowledge that the User Content whether publicly posted or privately sent, is the sole responsibility of the person who sent the User Content. By submitting User Content via Our Services, You are representing that You are fully entitled to do so.

COPYRIGHT & TRADEMARK

No portion of the Company, or its Platform, which includes this site, may be copied or redistributed in any manner without the express written consent of the Company. You do not have ownership of any intellectual property rights, including branding or logos of the Company and You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, Service available from or through the Company, except that which You may download for personal and non‐commercial use.

Unless otherwise mutually agreed by the parties, the Company may (but is not obligated to) use Your name, logos and other trademarks (including those related to the User Content) to identify You as a User of the Developer Tools. The Company reserves the right to use the User’s name, logo, or other identifying information on its Platform or promotional materials to indicate that the User utilizes the Developer Tools provided by the Company. By using the Developer Tools, the Developer agrees to grant the Company a non-exclusive, worldwide, royalty-free license to use their name and associated branding for this purpose. The Company will make reasonable efforts to accurately represent the User’s name and branding in accordance with their guidelines, but the User acknowledges that the Company has no obligation to display or promote their name beyond its own discretion. The Company receives no other rights to the User Content under these Terms of Service, beyond what is mentioned under these Terms of Service.

CONFIDENTIALITY

As part of using the Services of the Company, You may have access to certain confidential information. "Confidential Information" refers to any non-public, proprietary, or confidential information disclosed by the Company, whether orally or in writing, that is designated as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information may include, but is not limited to, software code, algorithms, trade secrets, business plans, financial information, customer data, and any other information that is not publicly available.

You agree to maintain the confidentiality of all Confidential Information disclosed to You by the Company during Your use of the Services. You shall exercise the same degree of care in safeguarding the Confidential Information as You would with Your own confidential information, but in no event less than a reasonable degree of care. You shall not disclose, reproduce, distribute, or otherwise make available the Confidential Information to any third party without the prior written consent of the Company.

Upon termination or expiration of Your use of the Services or at the request of the Company, You shall promptly return or destroy all Confidential Information and any copies, extracts, or derivative works thereof, and provide written certification of the same upon request.

INDEMNITY

You agree to indemnify, defend, and hold the Company, its directors, associates, group, employees and representatives (“Affiliates”) harmless from and against any and all losses including reasonable attorney’s fees and expenses, of third parties relating to or arising out of:

The Company will have the right to participate in any defense by You of a third-party claim related to Your access / use of the Platform or Your account, with counsel of the Company’s choice at its expense.

The Company also reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in asserting any available defences.

The terms of this provision of Terms of Service will survive any termination or cancellation of this Terms of Service or Your access / use of the Platform / Services / Your account. You must receive the Company’s prior written consent regarding any related settlement in any claim against the Company or its Affiliates.

MISCELLANEOUS

LIMITATION OF LIABILITIES: The Company or its Affiliates, under no circumstances, shall be liable for any action performed or omitted to be performed or for any errors of judgment in relation to Your account.

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. We do not warrant that the Services will be compatible with all hardware and software which You may use.

To the fullest extent permitted by law, the Company excludes all warranties, conditions, terms or representations about the accuracy or completeness of Platform or the of any sites linked to the Platform. The Services, and the Content are provided "AS IS", "AS AVAILABLE" and without warranty of any kind, express or implied including, but not limited to, the implied warranties with respect to title; non-infringement; merchantability; uninterrupted, timely, secure or error free use of the Services; and fitness for a particular purpose; and any warranties implied by any course of performance or usage of trade; all of which are expressly disclaimed.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IF ANY ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

IN NO EVENT SHALL WE, NOR OUR AFFILIATES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE), OR (III) FOR ANY DIRECT DAMAGES WILL BE LIMITED TO THE AMOUNT RECIEVED BY US FROM YOU WITHIN THE LAST 12 MONTHS TOWARDS THE SERVICES.

You understand and agree that We have set Our prices and entered into these Terms of Service with You in reliance upon the limitations of liability set forth in these Terms of Service, which allocate risk between Us and form the basis of a bargain between the parties.

NOTICE: You agree that We will provide notices and other communication to You in the following ways: (1) within the Service, or (2) sent to the contact information You provided us (e.g. email, mobile number, physical address). You agree to keep Your contact information up to date.

ARBITRATION: All disputes arising out of or in connection with this Terms of Service shall be finally settled in accordance with the Delaware Rapid Arbitration Act then in effect. All proceedings of the arbitration shall be in the English language and a written transcript of the proceedings shall be made and provided to the parties to arbitration. The seat and the venue/ place of arbitration shall be Delaware, United States of America. The arbitral tribunal shall comprise of 3 (Three) arbitrators. The claimant(s) shall appoint 1 (One) arbitrator and the respondent(s) shall appoint 1 (One) arbitrator. The 2 (Two) appointed arbitrators shall appoint the third arbitrator; and arbitration awards rendered shall be final, binding and shall not be subject to any form of appeal. Each party to a dispute shall bear its own cost and expenses.

GOVERNING LAW: The Terms of Service will be governed and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions. The courts in Delaware shall have exclusive jurisdiction in respect of any matters arising here from.

NO CLASS ACTION: By accepting this Term of Service, You agree to waive Your right to bring or participate in a class action lawsuit against us. Neither You nor We may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding.

FORCE MAJURE: The Company shall not be liable for any inability to fulfil its respective commitments hereunder occasioned in whole or in part due to circumstances beyond its reasonable control including but not limited to natural calamities, wars, fire, flood, strike or labour trouble in the industry as a whole, accident, riot, war, act of governmental authority, epidemic or pandemic if so declared by the World Health Organization or the applicable governmental authority having jurisdiction over the Party claiming occurrence of such event, or act of God.

SERVERABILITY: If any provision of these Terms of Service is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the Terms of Service will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

WAIVER: The Company’s failure to enforce any right or provisions of these Terms of Services shall not be considered as waived by the Company.

CUSTOMER CARE

If You have any questions, comments or concerns regarding Our Terms of Service, You may contact Us through Our customer support page or through information provided below:

You can contact Our Grievance Officer at:

Name: Tejas Ravishankar

Email: privacy@dimension.dev

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