By downloading or using the daflare plugin you are agreeing to be bound by the terms and conditions of the license agreement, as follows:
End-User License Agreement (“Agreement”)
Last updated: February 2021
Please read this End-User License Agreement carefully before using daflare.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
- Agreement means this End-User License Agreement that forms the entire
agreement between You and the Business regarding the use of the
- Application means the software program provided by the Business downloaded
by You to a Device, named daflare.
- Business (referred to as either “the Business”, “We”, “Us” or “Our” in this
Agreement) refers to Beyond the Box Creative.
- Content refers to content such as text, images, or other information that
can be posted, uploaded, linked to or otherwise made available by You,
regardless of the form of that content.
- Country refers to: New Zealand
- Device means any device that can access the Application such as a
- Third-Party Services means any services or content (including data,
information, applications and other products services) provided by a
third-party that may be displayed, included or made available by the
- You means the individual accessing or using the Application or the
company, or other legal entity on behalf of which such individual is
accessing or using the Application, as applicable.
By clicking the “I Agree” button, downloading or using the Application, You
are agreeing to be bound by the terms and conditions of this Agreement. If You
do not agree to the terms of this Agreement, do not click on the “I Agree”
button, do not download or do not use the Application.
This Agreement is a legal document between You and the Business and it governs
your use of the Application made available to You by the Business.
The Application is licensed, not sold, to You by the Business for use strictly
in accordance with the terms of this Agreement.
Scope of License
The Business grants You a revocable, non-exclusive, non-transferable, limited
license to download, install and use the Application strictly in accordance
with the terms of this Agreement.
You agree not to, and You will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource,
disclose or otherwise commercially exploit the Application or make the
Application available to any third party.
- Remove, alter or obscure any proprietary notice (including any notice of
copyright or trademark) of the Business or its affiliates, partners,
suppliers or the licensors of the Application.
- Knowingly use the Application to syncronize the DNS of any domains that have
Any feedback, comments, ideas, improvements or suggestions provided by You to
the Business with respect to the Application shall remain the sole and
exclusive property of the Business.
The Business shall be free to use, copy, modify, publish, or redistribute the
Suggestions for any purpose and in any way without any credit or any
compensation to You.
Modifications to the Application
The Business reserves the right to modify, suspend or discontinue, temporarily
or permanently, the Application or any service to which it connects, with or
without notice and without liability to You.
Updates to the Application
The Business may from time to time provide enhancements or improvements to the
features/functionality of the Application, which may include patches, bug
fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the
Application. You agree that the Business has no obligation to (i) provide any
Updates, or (ii) continue to provide or enable any particular features and/or
functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i)
deemed to constitute an integral part of the Application, and (ii) subject to
the terms and conditions of this Agreement.
Maintenance and Support
The Business does not provide any maintenance or support for the download and
use of the Application. To the extent that any maintenance or support is
required by applicable law, the Business shall be obligated to furnish any such
maintenance or support.
The Application may display, include or make available third-party content
(including data, information, applications and other products services) or
provide links to third-party websites or services.
You acknowledge and agree that the Business shall not be responsible for any
Third-party Services, including their accuracy, completeness, timeliness,
validity, copyright compliance, legality, decency, quality or any other aspect
thereof. The Business does not assume and shall not have any liability or
responsibility to You or any other person or entity for any Third-party
You must comply with applicable Third parties’ Terms of agreement when using
the Application. Third-party Services and links thereto are provided solely as
a convenience to You and You access and use them entirely at your own risk and
subject to such third parties’ Terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Business.
The Business may, in its sole discretion, at any time and for any or no reason,
suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the
Business, in the event that you fail to comply with any provision of this
Agreement. You may also terminate this Agreement by deleting the Application
and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application
and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Business’s rights or
remedies at law or in equity in case of breach by You (during the term of this
Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold the Business and its parents, subsidiaries,
affiliates, officers, employees, agents, partners and licensors (if any)
harmless from any claim or demand, including reasonable attorneys’ fees, due
to or arising out of your: (a) use of the Application; (b) violation of this
Agreement or any law or regulation; or (c) violation of any right of a third
The Application is provided to You “AS IS” and “AS AVAILABLE” and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Business, on its own behalf and on behalf
of its affiliates and its and their respective licensors and service
providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the Application, including all implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the
foregoing, the Business provides no warranty or undertaking, and makes no
representation of any kind that the Application will meet your requirements,
achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or
defects can or will be corrected.
Without limiting the foregoing, neither the Business nor any of the business’
providers makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Application, or the
information, content, and materials or products included thereon; (ii) that
the Application will be uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content provided through the
Application; or (iv) that the Application, its servers, the content, or
e-mails sent from or on behalf of the Business are free of viruses, scripts,
trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section 11 shall be applied
to the greatest extent enforceable under applicable law. To the extent any
warranty exists under law that cannot be disclaimed, the Business shall be
solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the
Business and any of its suppliers under any provision of this Agreement and
your exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You for the Application or through the Application.
To the maximum extent permitted by applicable law, in no event shall the
Business or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Application, third-party software and/or
third-party hardware used with the Application, or otherwise in connection
with any provision of this Agreement), even if the Business or any supplier has
been advised of the possibility of such damages and even if the remedy fails
of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may
not apply to You.
Severability and Waiver
If any provision of this Agreement is held to be unenforceable or invalid,
such provision will be changed and interpreted to accomplish the objectives of
such provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Agreement shall not effect a party’s
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of any
The Business does not make any warranties concerning the Application.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a “terrorist supporting” country, and (ii)
You are not listed on any United States government list of prohibited or
Changes to this Agreement
The Business reserves the right, at its sole discretion, to modify or replace
this Agreement at any time. If a revision is material we will provide at least
30 days’ notice prior to any new terms taking effect. What constitutes a
material change will be determined at the sole discretion of the Business.
By continuing to access or use the Application after any revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, You are no longer authorized to use the Application.
The laws of the Country, excluding its conflicts of law rules, shall govern
this Agreement and your use of the Application. Your use of the Application
may also be subject to other local, state, national, or international laws.
The Agreement constitutes the entire agreement between You and the Business
regarding your use of the Application and supersedes all prior and
contemporaneous written or oral agreements between You and the Business.
You may be subject to additional terms and conditions that apply when You use
or purchase other Business’s services, which the Business will provide to You at
the time of such use or purchase.
If you have any questions about this Agreement, You can contact Us