“Agreement” means these Terms of Service and all materials referred or linked to in these Terms of Service.
“Personal Data” means the name and email address voluntarily submitted by Customer, as well as navigational data relating to each Customer.
"Customer" means the person or entity using Services and identified in the applicable statement or Order Form as the Dusk2Dawn customer.
"Dusk2Dawn Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags incorporated into the Service by Dusk2Dawn.
“Order Form” means the Dusk2Dawn.approved form by which Customer agrees to purchase one or more Services.
"Dusk2Dawn template service” means the access to the social media caption templates, photo suggestions, graphics and access to royalty-free photos accessible via www.dusk2dawn.gr or another designated URL, and any ancillary online or offline products and services provided to Customer by Dusk2Dawn., to which Customer is being granted access pursuant to this Agreement and an Order Form.
" Dusk2Dawn Services" means payable content or services.
"Niche" means the social media template category as defined by Dusk2Dawn.
"Third-Party Sites" means third-party websites linked to from within the Dusk2Dawn Service, including without limitation Communications Services.
"User(s)" means Customer's employees, representatives, consultants, contractors or agents who are authorized to use the Dusk2Dawn Service for the benefit of Customer and who have been supplied user identifications and passwords by Customer (or by Dusk2Dawn.at Customer’s request).
"Website" means www.dusk2dawn.gr
By accessing and using the website or the Dusk2Dawn service in any way, you agree to be bound by this agreement, including the warranty disclaimers, limitations of liability, and termination provisions below. If you do not agree to the terms, please leave the website immediately do not use the Dusk2Dawn Service.
During the Term and as provided in this Agreement, Dusk2Dawn will provide Customer access to use the Dusk2Dawn Service.
The Dusk2Dawn Service will provide 30 social media caption templates. Dusk2Dawndisclaims all liability for any incompleteness and/or errors in Dusk2Dawn Content.
Dusk2Dawn modifies the Dusk2Dawn Service from time to time, including by adding or deleting features and functions, in an effort to improve its
customers’ experience. Nothing in this Agreement shall prohibit Dusk2Dawn from making such changes to the Dusk2Dawn Service.
Customer authorizes Dusk2Dawn to use a third party to process payments, and consents to the disclosure of Customer's payment information to such third party.
Dusk2Dawn offers the following Services, that can be purchased one or multiple times under terms listed in each respective's content or service description and order form:
Instagram Profile Audit - a one time audit of Customer's Instagram profile, performed by a social media expert.
Instagram Strategy - a one time social media strategy plan for Customer's Instagram profile, created by a social media expert.
1:1 Coaching - four 45-minute sessions of one-on-one coaching by a social media expert.
Social media management- 1 month of a full management of your SM by a social media expert.
Prices and Fees
Instagram Profile Audit fee is 80€ per audit.
Instagram Strategy fee is 300€ per strategy plan.
1:1 Instagram Coaching fee is 800€ per four 45 minute sessions.
Social Media Management is 400€/month.
Templates costs are 19€ per 30 templates.
All prices and fees are non-refundable due to the nature of Dusk2Dawn products.
Customer and Personal Data
Dusk2Dawn may monitor the use of the Services by all of its customers and use data related to such use in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Services. Customer agrees that Dusk2Dawn may use and publish such information, provided that such information does not incorporate any Customer Data and/or identify Customer.
Customer will indemnify, defend and hold Dusk2Dawn harmless, at its expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against Dusk2Dawn (and its officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with Dusk2Dawn to the extent that such Action is based upon or arises out of (a) Customer’s use of the Service; (b) Customer’s noncompliance with or breach of this Agreement, (c) Customer’s use of Third-Party Products, (d) the unauthorized use of the Services by any other person using Customer’s User information, or (e) Customer’s unauthorized use, collection, storage, processing, or disclosure of Personal Data. Dusk2Dawn shall use commercially reasonable efforts to: notify Customer in writing within thirty (30) days of Dusk2Dawn becoming aware of any such claim; give Customer sole control of the defense or settlement of such a claim (provided that Customer may not settle any such claim unless the settlement unconditionally releases Dusk2Dawn of all liability); and provide Customer (at Customer’s expense) with any and all information and assistance reasonably requested by Customer to handle the defense or settlement of the claim. Customer shall not accept any settlement that (i) imposes an obligation on Dusk2Dawn; (ii) requires Dusk2Dawn to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on Dusk2Dawn without Dusk2Dawn prior written consent.
Disclaimers and Limitations of Liability
By using Services you agree that you are fully responsible for your progress and results from your participation and that Dusk2Dawn offers no representations or guarantees regarding your business profit and earnings and that you are solely responsible for your progress.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Dusk2Dawn AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITE SERVICES, AND THE Dusk2Dawn CONTENT INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Dusk2Dawn IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.
No Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, EVEN IF SUCH PARTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Limitation of Liability
EXCEPT FOR CUSTOMER'S LIABILITY FOR PAYMENT OF FEES AND CUSTOMER'S LIABILITY ARISING FROM ITS INDEMNITY OBLIGATIONS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO THE LESSER OF ONE HUNDRED DOLLARS OR THE TOTAL AMOUNTS ACTUALLY PAID BY CUSTOMER UNDER THE APPLICABLE ORDER FORM FOR THE SERVICES IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Third Party Products
Dusk2Dawn DISCLAIMS ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS USED BY CUSTOMER. Dusk2Dawn LICENSORS SHALL HAVE NO
LIABILITY OF ANY KIND UNDER THIS AGREEMENT AND Dusk2Dawn’s LIABILITY WITH RESPECT TO ANY THIRD-PARTY PRODUCTS OR THIRD PARTY CONTENT PROVIDED WITH THE SUBSCRIPTION SERVICE AND NON-SUBSCRIPTION SERVICES SHALL BE SUBJECT TO THIS SECTION.
CUSTOMER UNDERSTANDS AND AGREES THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK AND AN ESSENTIAL PART OF THIS AGREEMENT. CUSTOMER UNDERSTANDS AND AGREES THAT ABSENT CUSTOMER’S AGREEMENT TO THIS LIMITATION OF LIABILITY, Dusk2Dawn WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE OR NON-SUBSCRIPTION SERVICES TO CUSTOMER.
Dusk2Dawn may update and change any part or all of this Agreement, including fees. If Dusk2Dawn updates or changes this Agreement,
the updated Agreement will be posted at https://www.dusk2dawn.gr/copy-of-privacy-policy
The updated Agreement will become effective and binding on the next business day after it is posted. Dusk2Dawn encourages Customer to review this Agreement periodically. No delay in exercising any right or remedy will operate as a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be construed as a waiver of any right or remedy on any future occasion. Notwithstanding the foregoing, Dusk2Dawn will comply with all applicable laws and regulations to the extent that any change or update to this Agreement changes or updates the manner in which Dusk2Dawn will collect, use, process, share, or store Personal Data.
To the maximum extent permitted by law, this Agreement and all Order Form(s) shall be governed by the laws of Greece, EU without
reference to conflicts of law principles, and both parties hereby consent to the exclusive jurisdiction and venue of courts in Rhodes, Greece, EU in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
Notice shall be sent to the contact address set forth herein (as such may be changed by notice given to the other party),and shall be deemed
delivered as of the date of actual receipt. To Dusk2Dawn: Stav Arn, Rhodes, Greece EU. To Customer: Customer’s e-mail address as provided in Dusk2Dawn’s account information for Customer.
Unless otherwise expressly stated herein, this Agreement (including each Order Form), along with any Dusk2Dawn exhibit or addendum
hereto, including any Order Form, constitutes the entire agreement between Customer and Dusk2Dawn with respect to the Services and supersedes all prior or contemporaneous communications, proposals and agreements, whether electronic, oral or written, between Customer and Dusk2Dawn with respect to the subject of this Agreement.