Terms & Conditions

Dragonfruit is owned and operated by Dragonfruit LLC (“Company”).

These are the terms and conditions for the following (collectively, “Platform”):

1. Dragonfruit Mobile Application
2. Dragonfruit Website

By registering and using the Platform, you agree to be bound by these Terms of Service (“Terms & Conditions”) and our Privacy Policy. If you do not accept all these terms, then you may not use the application and services. In these terms, “we”, “us” and “our” refer to the Company and “you” and “your” refer to you, the user of Dragonfruit.

The following terms and conditions apply to the website, application and services offered by Dragonfruit. This includes the mobile and tablet versions as well as any other version of Dragonfruit accessible via desktop, mobile, tablet, social media or other devices.

The Platform may be used to connect you with a coach who will provide services to you through the Platform (“Services”). The coaches are independent providers who are neither our employees nor agents nor representatives. The role of the Platform is limited to enabling the Services while the Services themselves are the responsibility of the coach who provides them. If the Services do not meet your needs or a coach you have been connected with is unable to provide them, you may switch to a different coach on the Platform.

IF YOU ARE THINKING ABOUT SUICIDE, HARMING YOURSELF OR OTHERS, FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER, OR HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN-PERSON ASSISTANCE.

DRAGONFRUIT IS NOT A PROVIDER OF CLINICAL ADVICE. BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY, OR THE HEALTH OR SAFETY OF OTHERS, PLEASE CONSULT WITH A MEDICAL PROFESSIONAL. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY PHONE NUMBER OR YOUR HEALTH CARE PROVIDER IMMEDIATELY. IF YOU ARE THINKING ABOUT SUICIDE, OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER, OR IF YOU HAVE ANY MEDICAL EMERGENCIES, CALL 911 IMMEDIATELY AND NOTIFY ANY RELEVANT AUTHORITIES. THE SUICIDE HOTLINE IS 988 OR 800-273-8255 IF FACED WITH AN IMMEDIATE OR EMERGENT CRISIS. THERE ALSO MAY BE OTHER NATIONAL, REGIONAL, AND STATE RESOURCES AVAILABLE TO YOU.

THE PLATFORM IS NOT TO BE USED IN ANY OF THE CASES ABOVE. THE COACHES CANNOT PROVIDE THE ASSISTANCE REQUIRED. THE PLATFORM IS ALSO NOT TO PROVIDE ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD IGNORE ANY SUCH ADVICE DISPENSED THROUGH THE PLATFORM.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM. READ THESE TERMS OF SERVICES CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY PRODUCT, INFORMATION OR SERVICE FROM THE “DRAGONFRUIT” APPLICATION AND WEBSITE.

Acceptance of Terms

This agreement sets forth legally binding terms for your use of Dragonfruit. By registering and using the application and website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not download the application and should discontinue use of the Services immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Dragonfruit. You agree to be bound by any modification to these terms and conditions when you use Dragonfruit after any such modification is posted; it is, therefore, important that you review this Agreement regularly.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the Platform does not violate any applicable law or regulation. Dragonfruit may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service and the Platform is revoked in such jurisdictions.

Eligibility

You may use the services only if you can form a binding contract with Dragonfruit, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

The use of this website and the application by children under 13 years of age must be supervised. Children under the age of 13 must be given appropriate guidance in the use of our Platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.

By registering and using the application and website, you represent and warrant that you have the full right, power and authority, or have the consent of a parent or guardian, to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

As A User

If you wish to register and engage a Dragonfruit coach (“Coach”) through our Platform, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the Services, you represent that you are of legal age, or have the consent of a parent or guardian, to form a binding contract under the laws of the United States of America or another applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Dragonfruit (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dragonfruit reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) at any time.

While Dragonfruit diligently scrutinizes the identity and qualification of each of its Coach, Dragonfruit cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of the Coaches and information provided by the Coaches. You acknowledge that Dragonfruit shall not be liable for any loss or damage caused by your reliance on and use of any information or content obtained from its Coaches, and the use of the term “Coaches” by us and on the Platform is only intended to describe a user who provides the Services and does not guarantee any particular level of expertise of the user.

You further represent, warrant/undertake that:

• Your use of the Services is, unless otherwise allowed by Dragonfruit, for your sole, personal use or, where permitted, for the use of another person, in which case you shall assume primary responsibility of that person;
• You shall not contact the Coaches for purposes other than the Services;
• Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the application or website except for your personal, non-commercial use;
• Where applicable, you will not copy any content displayed through the application or website, including any third-party product content and reviews, for republication in any format or media;
• You acknowledge and agree that only one (1) account can be registered on one device;
• You agree that Dragonfruit may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of the transaction and deactivate or restrict access to your user account.

As A Coach

If you wish to become a Coach, you must read this agreement and indicate your acceptance during the registration process, in order to provide Services on Dragonfruit.

In consideration of your use of the Services as a Coach and to provide the Services to a registered user of Dragonfruit (“User”), you represent that you are of legal age to form a binding contract under the laws of applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Dragonfruit and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dragonfruit reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) at any time.

You further represent, warrant/undertake that:

• Where applicable, you must be a registered, trained and/or experienced psychiatrist, psychologist, psychotherapist, social worker or similar applicable, recognized professional certification. Coaches must have a relevant academic degree in their field and have to be qualified and accredited by their respective professional organization after successfully completing the necessary education, exams, training, and practice requirements as applicable.
• Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the application or website except for your personal, non-commercial use;
• Where applicable, you will not copy any content displayed through the application or website, including any third-party product content and reviews, for republication in any format or media;
• You shall be solely responsible for any and all claims, judgments and liabilities resulting from any loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the Services provided by you;
• You shall not contact the Users for purposes other than in connection with the Services;
• You shall not reverse look-up, trace or seek to trace any information on any other user of the application, or any other customer of Dragonfruit, including without limitation any user account not owned by you, to its source, or exploit the application or any service or information made available or offered by or through the application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the application;
• If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to this Terms and Service; and
• You agree that you are forbidden from giving out coupons and suggesting any other form of discount to the Users. You are strictly forbidden to use the Services for other purposes such as but not limited to data mining of Dragonfruit’s information or information related to the Platform or the Services. A breach thereof constitutes a grave offense and may be treated as industrial espionage or sabotage, and Dragonfruit reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Services other than for the purpose for which it is intended to be used.

Account & Security

The access to the Platform will be done by OTP authentication through the mobile phone. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Dragonfruit of any unauthorized use of your account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from Dragonfruit. Dragonfruit will not be liable for any loss or damage arising from your failure to comply with this agreement.

By providing Dragonfruit with your email address and/or mobile number, you consent to our use of such contact information to send you notices regarding the Services, including those required by law, in lieu of ordinary mail. We may also use the information to send you other messages, such as changes to service features and special offers. If you do not wish to receive such messages, you may opt out of receiving them via the contact information. Opting out may prevent you from receiving future emails about updates, upgrades or offers.

Account Deletion & Termination

Users may terminate their accounts at any time, for any reason, by following the instructions on Dragonfruit. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Dragonfruit.

Dragonfruit reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Dragonfruit believes that you have breached any of these terms, furnished Dragonfruit with false or misleading information, or interfered with the use of the website or the Services by others.

Payments

All payments to Dragonfruit are handled securely. Services may be paid through credit card, packaged plan and/or other payment options, including bank transfer.

Payment Terms for Users:

Payment will be debited from your credit card, debit card, or bank account, immediately on you placing the order or upon completion of the consultation session. Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the Services. Dragonfruit reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the Services.

Payment Terms for Coaches:

You acknowledge and confirm that Dragonfruit may administer and act as your collection agent to pay to you the total amount of fees due to you in respect of your provision of the Services, less applicable charges levied by Dragonfruit (“Service Fee”).

Dragonfruit retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the Client have breached any of these Terms & Conditions. In such an event, you shall not hold Dragonfruit liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

Dragonfruit may, at its sole discretion, make promotional offers with different features and different rates on the Services to any of the Users whereby these promotional offers shall accordingly be honored by you. Dragonfruit may change the Service Fee at any time at its sole discretion.

Cancellation

Cancellation Terms for Clients:

a. You may cancel your appointments (“Reservations”) up to 24 hours before you commence a consultation session with the Coach that was assigned to you by Dragonfruit.

b. If you do not show up during a session, you will still be charged for the session (“Cancellation Fee”), or such other Cancellation Fee as Dragonfruit may notify from time to time via the Services.

c. If you feel you were incorrectly charged a Cancellation Fee, you may contact us through the Dragonfruit application or website for assistance. Dragonfruit reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment method you used, or by such other method as is deemed reasonable by Dragonfruit.

Cancellation Terms for Coaches:

a. The Users rely on you for provision of the Services. You agree that frequent declination of the User’s bookings will impair the Users’ experience and negatively impact the reputation and branding of Dragonfruit.

b. To uphold the highest standard of our services, a Reservation cannot be canceled once it is confirmed by you and the User. Any no-show on your part may be counted in determining if your access to the Services will be temporarily restricted or terminated.

Ratings And Recordings

Users and Coaches accept and acknowledge that they may be rated by each other in respect of the Services provided. All ratings and recordings will be automatically stored on the Dragonfruit platform. We may analyze the ratings received from time to time and take all appropriate actions including suspending your use of the Services without any notice or compensation to you. For recordings received, if any, they can only be accessed by the associated User and Coach, or as required by law.

Third-Party Materials

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third-party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

Service Disclaimer

Dragonfruit is a platform used for coaching purposes only. Any service, content or information provided by Dragonfruit is provided “as is” and should not be considered as professional or expert advice. Dragonfruit will not provide you with any professional advice or service.

Any information obtained from Dragonfruit or any of our Coaches is intended to provide a basic knowledge base and a starting point for a given situation. They must not replace the advice of certified professionals.

The Company does not accept claims of any kind as a result of questions answered by Coaches or information provided by them. The answers and advice provided by Coaches are the sole responsibility of the Coaches and the Clients themselves make responsible use of this information.

In addition, the Company makes no representations or warranties about the accuracy, completeness, quality, authenticity, timeliness, or relevancy of the sources relied upon by our Coaches. It is your responsibility to determine whether, how and to what extent your intended use of the information provided by Dragonfruit will be possible in the individual situations in which you intend to use them. Before acting on any information provided by Dragonfruit, you should consider obtaining additional information and professional advice from professionally licensed individuals who are familiar with your local or individual circumstances.

Emergency Situations (Medical Health Issues)

Please note that, medical emergency situations should be dealt with directly by local emergency medical services, through the emergency lines or directly by the emergency services. The Platform is not the appropriate venue to deal with such situations.

License To Use The Platform

Dragonfruit grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software, provided as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Dragonfruit, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of the included software, nor may you reverse engineer or attempt to extract the source code of that software, unless the laws prohibit those restrictions or you have our written permission.

 

You agree not to use the Platform and the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, you agree not to partake in any conduct or action that could damage the image, interests or rights of the Dragonfruit application or third-parties.

Resale Of Services

You understand that Dragonfruit and software embodied within Dragonfruit may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Dragonfruit and/or content providers who provide content to the Platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Dragonfruit.

Copyright

All materials on the Platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by the Company or by third-parties that have licensed or otherwise provided their material to the application and website. You acknowledge and agree that all materials on the Platform are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the Company’s prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize the Platform or any part of the material for any purpose other than its intended purposes is strictly prohibited.

Copyright Complaints

We respect the intellectual property of others and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Platform infringe upon your copyright or other intellectual property rights, please send the following information to:

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
• A statement specifically identifying the location of the infringing material, with enough detail that we may find it on the Platform. Please note that it is not sufficient to merely provide a top-level URL.
• Your name, address, telephone number and e-mail address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

User Content

Certain features of the application and the website may permit users to upload content, which may be comprised of messages, video, images, text, and others and to publish that user content on the application. You retain any copyright that you may hold in the user content that you post to the application. Nevertheless, we need certain permission from you in order to publish the content. We are not responsible for the accuracy, safety or legality of user content published in the application. You are solely and exclusively responsible for the content and the consequences of publishing the content.

License Grant to Dragonfruit

By providing user content to or via the Services, you grant Dragonfruit a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your user content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

User Content Representations And Warranties

Dragonfruit disclaims any and all liability in connection with user content.

You are solely responsible for your user content and the consequences of providing user content via the Services. By providing user content via the Services, you affirm, represent, and warrant that: You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Dragonfruit and users of the Services to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Dragonfruit, the Services, and these Terms.

Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause Dragonfruit to violate any law or regulation.

Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

Your user content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.

User Content Disclaimer

We are under no obligation to edit or control user content that you or other users post or publish, and will not be in any way responsible or liable for user content. Dragonfruit may, however, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Services, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Dragonfruit with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Dragonfruit does not permit copyright-infringing activities on the Services.

Content Review

Dragonfruit does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third-parties; or (c) the use of the Services by its users. You acknowledge and agree that Dragonfruit reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes. If at any time Dragonfruit chooses to monitor the content, Dragonfruit still assumes no responsibility or liability for the content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

 

Accuracy And Timeliness Of Information

We do not guarantee that the information available on our Platform is accurate, complete or updated. The content of this Platform is provided for general information and should not be taken as a professional advice. Please consult other more reliable and accurate sources. Any use of the material provided on our Platform is at your own risk.

Personal Data

Any personal information you post on or otherwise submit in connection with the Services and the use of the Platform, will be used in accordance with our Privacy Policy. When you use the Dragonfruit services, you agree for us to collect and store your personal information. The personal information collected is also used to check the correctness of identification and do necessary checks. In giving the information you also agree for us to message or communicate with you unless you tell us not to. Please refer to our Privacy Policy.

Non-commercial Use

The Services may not be used in connection with any commercial purposes, except as specifically approved by Dragonfruit. Unauthorized framing of or linking to any of Dragonfruit is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of the account.

Third-parties

Dragonfruit contains content of third-party licensors to Dragonfruit, which is protected by copyright, trademark, patent, trade secret and other laws. The Company owns and retains all rights, title and interest in the content. The Company hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third-party content located on or available through Dragonfruit or Services (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Dragonfruit and using the services.

Any dealings with third-parties included within or on Dragonfruit involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third-parties, are solely between you and that third-party. The Company is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third-party or the products or services of any third-party on Dragonfruit does not constitute an endorsement or recommendation of such third-party or the product or services of such third-party by Dragonfruit or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third-party on Dragonfruit is provided to you for informational purposes only. We encourage you to conduct your own research and due diligence regarding such third-parties and their products and services, while working to ensure the information on Dragonfruit is current and accurate.

Prohibited Activities

The content and information available on Dragonfruit (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Dragonfruit or licensed to Dragonfruit by third-parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:

• Use the Services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Dragonfruit.
• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission.
• “Frame”, “mirror” or otherwise incorporate any part of the Services into any other websites or services without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Dragonfruit in connection with the Services.
• Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content.
• Download any content unless it’s expressly made available for download by Dragonfruit.

Disclaimer Of Warranties

Dragonfruit will provide its Services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.

Because of the nature of the Internet, Dragonfruit provides and maintains the Platform on an “as is”, “as available” basis and makes no promise that use of the Platform will be uninterrupted or entirely error-free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our Platform may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the application in breach of these terms you will be liable to and will reimburse Dragonfruit for any loss or damage caused as a result.

Dragonfruit will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

 

Subject as aforesaid, to the maximum extent permitted by law, Dragonfruit excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify us and we shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on Dragonfruit.
• Any interruptions to or delays in updating Dragonfruit.
• The infringement by any person of any Intellectual Property Rights of any third-party caused by their use of the application or any product or service purchased through the application.
• Any loss or damage resulting from your use or the inability to use the application or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the Platform, or from transmissions via emails or attachments received from the Platform.
• All representations, warranties, conditions and other terms which but for this notice would have effect.
• Electronic Communications

No responsibility will be accepted by us for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

Indemnification

You agree to defend and indemnify the Company from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third-parties as a result of:

• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third-party.
• Your download of the Dragonfruit application.
• Your use of the Dragonfruit application and services.

Changes And Termination

We may change the application, website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

Assignment

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

Integration Clause

This agreement together with the Privacy Policy and any other legal notices published by the Company, shall constitute the entire agreement between you and the Company concerning and governs your use of the Platform.

Disputes

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, will be settled by binding arbitration between you and us, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that we are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

Headings

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.

Final Provisions

These Terms are governed by the law of the United States of America. Use of the Dragonfruit Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

Contact Us

If you have questions or concerns about these Terms please contact us at:

Email: team@dragonfruitco.org