DCX Logic Terms of Service
1. Agreement
These terms are an agreement between you and DCX Logic LLC ("DCX Logic"). They cover dcxlogic.com and every product we offer, as listed in our Privacy Policy (the "Services"). Where a product has its own rules, its addendum at the end of these terms adds them. By using the Services, you agree to these terms and to our Privacy Policy. If you use the Services for an organization, you confirm that you may bind it to these terms. "You" then includes that organization.
2. Accounts
You must give accurate information and keep your sign-in details secure. You are responsible for what happens under your account. Tell us right away at support@dcxlogic.com if you think someone has used it without permission. You must be at least 13 to create an account. Staff accounts for a Business Customer must belong to adults.
3. Business customers and their data
An organization that subscribes to one of our products (a "Business Customer") owns the information it puts into it ("Customer Data"). The Business Customer is responsible for:
- having a lawful basis and any needed consent for the Customer Data it collects, including consent to send texts and emails;
- deciding who on its staff can see which information;
- responding to its people's requests about their information, with our help.
We process Customer Data only to provide the Services to that customer, as described in our Privacy Policy and in any data processing agreement with that customer.
4. Subscriptions and payment
Paid plans and add-on modules are billed in advance on the cycle shown at checkout, through Stripe. Text messaging may be billed as prepaid credits or per message, as shown in your plan. Fees do not include taxes. Except where the law requires otherwise, fees already paid are not refundable. If a payment fails, we may pause paid features after notice. We may change prices with at least 30 days' notice before your next billing cycle.
5. Payments to business customers
When someone pays a Business Customer through our products, the payment is processed by Stripe under Stripe's terms, and the money goes to the customer's own Stripe account. DCX Logic is not a party to the payment. The customer is responsible for receipts, tax statements, and refunds.
6. Messaging
Business Customers may send texts and emails through our products only to people who have agreed to receive them, and only about the purposes those people agreed to. Business Customers must honor STOP and unsubscribe requests, which our products record automatically. You may not use the Services to send spam, messages about prohibited content under carrier rules (such as cannabis, firearms sales, or high-risk lending), or messages that violate the Telephone Consumer Protection Act or the CAN-SPAM Act. The HoW SMS Program Terms apply to text messages sent through HoW; each product that sends texts has its own program terms, linked from its addendum.
7. Acceptable use
You may not:
- break the law or violate anyone's rights through the Services;
- try to access another customer's data, or test the Services' security without our written permission;
- upload malware, or overload or disrupt the Services;
- resell the Services without our written agreement.
We may suspend access that breaks these rules, with notice where we reasonably can.
8. Our property
We own the Services, including the software, design, and our product names, such as HoW. You get a limited, non-transferable right to use them while your account is in good standing. If you send us feedback, we may use it without owing you anything.
9. Availability and changes
We work to keep the Services available, but they may be interrupted for maintenance or by events outside our control. We may change or retire features. If a change materially reduces what a paid plan includes, we will give 30 days' notice, and you may cancel for a prorated refund of prepaid fees.
10. Ending the agreement
You may close your account at any time. We may end the agreement or suspend an account for a serious or repeated breach of these terms. After an account closes, a Business Customer has 30 days to export its Customer Data. We delete it 60 days after the account closes, as our Privacy Policy describes.
11. Disclaimers
Except as stated in these terms, the Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of liability
To the fullest extent the law allows, DCX Logic will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability for any claim relating to the Services is limited to the greater of the amount you paid us in the 12 months before the claim or US $100.
13. Indemnity
A Business Customer will defend and indemnify DCX Logic against third-party claims arising from its Customer Data or its messages, including claims that it lacked consent to contact someone.
14. Governing law and disputes
These terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Orange County, California, and both parties agree to their jurisdiction.
15. Changes to these terms
We may update these terms. For a material change, we will notify account holders by email at least 30 days before it takes effect. Continuing to use the Services after that date means you accept the new terms.
16. Contact
DCX Logic LLC, 29727 Niguel Road, Apt A, Laguna Niguel, CA 92677. Email: support@dcxlogic.com.
Addendum: HoW (House of Worship)
This addendum adds to the terms above for HoW, at how.dcxlogic.com and in the HoW apps. A church that subscribes to HoW is a Business Customer.
- Members and guests. People who use a church's HoW site or portal do so as that church's members or guests. The church decides what it collects about them and who on its staff sees it.
- Giving. Gifts and payments to a church go through Stripe into the church's own account. The church issues receipts and year-end giving statements, and handles refunds.
- Children. A church that records children, such as for check-in, is responsible for having a parent's or guardian's knowledge. HoW keeps children's records visible only to staff the church gives that permission.
- Text messages. A church texts only people who opted in to that church. The HoW SMS Program Terms apply.