Terms of Service
I. INTRODUCTION
These Terms of Service reflect the way Our business works, the laws that apply to our company, and certain things we have believed to be true. As a result, these Terms of Service help define Our relationship with you as you use our software services. These are the sections below.
The agreement between you (“You,” “Your” or “Yourself”) and Dlvry (“We,” “Us,” or “Our”) is defined by (1) these General Terms of Service (“Terms”); (2) the additional agreements You have entered into with Dlvry; and (3) the documents and policies incorporated and referenced in these Terms (the “Agreement”).
This Agreement governs Your use of or interactions with products, services, or other offerings through Dlvry (collectively, the “Service”), including but not limited to Our Services for DSD and Proof of Delivery. Your account and/or any other services, features, functionalities, offers or promotions through Us. All capitalized terms have the meanings given to them in these Terms, unless otherwise indicated. You should read this Agreement carefully.
Additionally, we also publish a Privacy Notice, where additional definitions, terms, and additional information can be found. Dlvry strongly encourages you to review this as well to better understand how you can update, manage, export, and delete your information.
II. YOUR RELATIONSHIP WITH DLVRY
These terms help define the relationship between you and Dlvry. When we speak of “Dlvry,” “we,” “us,” and “our,” we mean Dlvry.com and its affiliates. Broadly speaking, we give you permission to access and use our services if you agree to follow these terms, in addition to any other contracts or agreements where both parties have entered, which reflect how Dlvry’s business works.
Our services are designed to work together, making it easier for you to move from one activity to the next within your delivery workflow. For example, if your delivery has been completed on the mobile app, you will be able to view the transaction in your DSD portal.
Develop, improve, and update Dlvry services
We are constantly developing new technologies and features to improve our services. For example, we often use customer feedback to provide you with new system enhancements. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones. When a service requires or includes downloadable or preloaded software, that software sometimes updates automatically on your device once a new version or feature is available. Some services let you adjust your automatic update settings.
If we make material changes that negatively impact your use of our services or if we stop offering a service, we will provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security issues. We will also provide you with an opportunity to export your data out of your Dlvry platform, subject to applicable law and policies.
Expectations of the user
The permission we give you to access and use our services continues as long as you comply with:
- these terms
- feature-specific additional terms, which could, for example, include things like granting access to location data
- contractual or licensing agreements and contracts
- You also agree that our Privacy Policy applies to your use of our services.
Although we give you permission to use our services, we retain any intellectual property rights we have in the services. We ask you not to abuse our services. As such, You must not abuse, harm, interfere with, or disrupt our services or systems — for example, by:
- introducing malware
- spamming, hacking, or bypassing our systems or protective measures
- jailbreaking or prompt injection, except as part of our safety and bug testing programs
- accessing or using our services or content in fraudulent or deceptive ways, such as:
- phishing
- creating fake accounts or content, including fake reviews
- providing services that appear to originate from you (or someone else) when they originate from our services
- providing services that appear to originate from us when they do not
- using our services to violate anyone’s legal rights, such as intellectual property or privacy rights
- reverse engineering our services or underlying technology
- hiding or misrepresenting who you are in order to violate these terms
- providing services that encourage others to violate these terms
III. USING OUR SERVICES
Your Dlvry Account
Our services require that you have a Dlvry Account in order to work. You are responsible for what you do with your Dlvry Account, including taking reasonable steps to keep your Dlvry Account secure, and we encourage you to regularly perform security checkups.
As a part of using Dlvry services your organization agrees to following:
- an authorized representative of that organization must agree to these terms
- your organization’s administrator may assign a Dlvry Account to you. That administrator might require you to follow additional rules and may be able to access or disable your Dlvry Account.
Service-related communications
To provide you with our services, we sometimes send you service announcements and other information. To learn more about how we communicate with you, see Dlvry’s Privacy Policy.
If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.
IV. SOFTWARE
Some of our services include downloadable or preloaded software. We give you permission to use that software as part of the services.
The license we give you is:
- worldwide, which means it is valid anywhere in the world
- non-exclusive, which means that we can license the software to others
- individual or to your organization, which means it does not extend to anyone else
- non-assignable, which means you are not allowed to assign the license to anyone else except to those within your organization and within contractual limits
- You may not copy, modify, distribute, sell, or lease any part of our services or software.
V. IN CASE OF DISAGREEMENTS
Warranty disclaimer
We built our reputation on providing useful, reliable services. However, for legal purposes, we offer Our services without warranties, unless explicitly stated in our service-specific additional terms. We are legally obligated to share this using specific legal language and it is, as follows:
TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DO NOT MAKE ANY WARRANTIES ABOUT THE FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
Liabilities
For all users – both the law and these terms try to strike a balance as to what you or Dlvry can claim from the other in case of problems. That is why the law requires everyone to be responsible for certain liabilities — but not others — under these terms.
These terms only limit our responsibilities as allowed by applicable law. These terms do not limit liability for gross negligence or willful misconduct.
To the extent allowed by applicable law, Dlvry is not liable for:
- loss of profits, revenues, business opportunities, goodwill, or anticipated savings
- indirect or consequential losses
- punitive damages
- Dlvry’s total liability arising out of or relating to these terms is limited to the greater of (1) $500 or (2) the fees paid to use the relevant services in the 3 months before the dispute
To the extent allowed by applicable law, You will indemnify Dlvry and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
If you are legally exempt from certain responsibilities, including indemnification, then those responsibilities do not apply to you under these terms.
Taking action in case of problems
Before taking action as described below, we will provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to clarify the issue and address it, unless doing so would:
- cause harm to a user, third party, or Dlvry
- violate the law or a legal enforcement authority’s order
- compromise an investigation
- compromise the operation, integrity, or security of our services
Suspending or terminating your access to Dlvry services
Without limiting any of our other rights, Dlvry may suspend or terminate your access to the services or delete your Dlvry Account if any of these things happen:
- you materially or repeatedly breach these terms, service-specific additional terms or policies
- we are required to do so to comply with a legal requirement or a court order
- you have a past due balance
- your conduct causes harm or liability to a user, third party, or Dlvry — for example, by hacking, phishing, harassing, spamming, or misleading others
If you believe your Dlvry Account has been suspended or terminated in error, you can email support@dlvry.com for more information.
For additional information about how to contact Dlvry, please visit our contact page.
VI. ABOUT TERMS
By law, you have certain rights that cannot be limited by a contract like this terms of service. These terms are in no way intended to restrict those rights. These terms describe the relationship between users and Dlvry. They do not create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.
We want to make these terms understandable, so we have used examples from our services in this document. However, not in all cases will all features be available in your area or industry.
If these terms conflict with the service-specific additional terms, the additional terms will govern that service. If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
If you do not follow these terms or the service-specific additional terms, and we do not act right away, that does not mean we are giving up any rights that we may have, such as taking action in the future.
We may update these terms and service-specific additional terms (1) to reflect changes in our services or how we do business — for example, when we add features, technologies, pricing, or benefits, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If you do not agree to the new terms, you should stop using the services. You can also end your relationship with us at any time by emailing support@dlvry.com to close your account.
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