These Terms and Conditions (the “Terms”) govern your use of the Dominion IT Consulting, LLC, platform (“we”, “us” or “our”) service (the “Service”) provided through our Dominion IT Consulting, LLC software application and our Dominion Standards software assessment tool (collectively, “Software”). These Terms also govern any use of the Service by any person who has been supplied a user identification and password for the Service by you, on your behalf or at your request (each a “User”), and you agree to be responsible for any use of the Service by any of your Users.
By using the Service or permitting any User to use the Service, you agree to these Terms. If you do not agree to all the Terms, you do not have the right to access, or permit any User to access, the Site and use the Service and Software. These Terms comprise the entire agreement between you and us, and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and us, regarding the subject matter contained herein.

1. Subscription and License
1.1. The Service is offered on a subscription basis, and upon subscription, you are granted a limited, non-exclusive, non-transferable license to use the Dominion IT Consulting, LLC software application and our Dominion Standards software assessment tool (collectively, the “Software”) during the term of your subscription.
1.2. Your subscription is subject to payment of applicable fees and compliance with these Terms.
1.3. Your subscription must have a valid and active payment method on file. This payment method will auto-charge at the time of your specific billing cycle.
1.4. Your subscription fee included software fixes, software updates, maintenance, and data/storage usage.
1.5. Your subscription does not include new features, enhancements, or design updates.

2. Our Rights in the Site, the Service, and the Software
We retain all rights in the Site, the Service, and the Software. Except as expressly provided in these Terms, no license or other right is granted to you or any User in the Site, the Service, or the Software. Our name, logo(s), and product name(s) associated with the Service are trademarks belonging to us or to third parties, and they may not be used by you or your Users without our prior written consent.

3. Use of Service
You agree to comply, and cause your Users to comply, with all applicable laws in using the Service. You also agree that neither you nor any of your Users will:
i. use the Service to store or transmit Malicious Code,
ii. interfere with or disrupt the integrity or performance of the Service (including, without limitation, activities such as security penetration tests, stress tests, and spamming activity),
iii. attempt to gain unauthorized access to the Service or its related systems or networks,
iv. modify, copy, or create derivative works based on the Service or Software or any part, feature, function, or user interface thereof,
v. frame or mirror any part of the Service,
vi. access the Service for the purpose of building, selling, or marketing a competitive product or service or copying any portion of the Service,
vii. remove the copyright, trademark, or any other proprietary rights or notices included within the Service and on and in any documentation or training materials,
viii. disassemble, reverse engineer, or decompile the Service or Software, or otherwise attempt to obtain or perceive the source code of any portion of the Service or Software,
ix. sell, resell, license, sublicense, distribute, make available, rent, or lease any portion of the Service, or include any portion of the Service in a service bureau or outsourcing offering,
x. share Service login credentials with other parties, or
xi. assign or transfer any rights with respect to the Site, the Service, or the Software.
You will not submit, or permit any User to submit, to the Service any Customer Data that is (i) illegal, misleading, defamatory, libelous, indecent or obscene, threatening, infringing of any third party rights, (ii) in violation of the privacy rights, publicity rights, copyright rights, or other rights of any person or entity, (iii) protected by the Health Insurance Portability Accountability Act (HIPAA), (iv) applicable to or regulated by the Payment Card Industry – Data Security Standards (PCI-DSS), (v) the personal data of data subjects within the European Union (EU), European Economic Area (EEA) or Switzerland, (vi) considered criminal history record information, as that term is defined in Title 28, Part 20, Code of Federal Regulations, or (vii) otherwise tortious, unlawful or deemed objectionable by us in our sole discretion.
You will not use or permit your Users to use the Service in any jurisdiction other than the United States without our prior written consent, which we may grant or withhold in our sole discretion.

4. User Accounts
4.1. You may need to create an account to access certain features of the Service. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
4.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Your Data & Privacy
As between you and us, all Customer Data submitted by you or your Users to the Service will remain the sole property of you or such Users. You hereby grant us a non-exclusive license to use, copy, store, transmit and display Customer Data to the extent reasonably necessary (i) to provide, maintain and improve the Service, (ii) to confirm compliance with the terms of this Agreement, (iii) to comply with any applicable laws.
You will have sole responsibility, and we assume no responsibility, for the accuracy, quality and legality of Customer Data and the means by which you obtained Customer Data and your use of the Customer Data in connection with the Service.
During your active subscription, you may extract (in native format or common format of digital file) and/or purge Customer Data at any time directly through the Service. We shall have no obligation to retain any Customer Data or to make the Customer Data available other than through the self-service method provided through the Service.
You are responsible for maintaining the security and confidentiality of, and are responsible for all activities undertaken, using the usernames and passwords assigned to your Users. You agree to notify us immediately if you become aware of any unauthorized access or use of the Service using any such username or password or otherwise.
Your use of the Service is subject to our Privacy Policy, available here. By using the Service, you consent to the collection, use, and disclosure of information in accordance with our Privacy Policy.

6. Payment Processing
6.1. By using the Service, you agree to pay all applicable fees in accordance with our pricing schedule. Failure to pay on-time may result in a termination of service.
6.2. A transaction fee of 2% (the “Transaction Fee”) will be applied to every payment made through the Service. The Transaction Fee is exclusive of any third-party fees charged by payment processors such as Stripe or any other third-party payment gateway. We reserve the right to make changes to the Transaction Fee at any time and for any reason without notice.
6.3. We are not liable for any missed funds, failed in-app purchases, subscription renewals, or other financial transactions conducted through our Software. You acknowledge and agree that any such transactions are conducted at your own risk.

7. Confidentiality
“Confidential Information” means non-public information, technical data or know-how of a party and/or its affiliates, which is furnished to the other party in connection with the Service or these Terms and (i) would reasonably be considered to be of a confidential nature or (ii) is confirmed in writing at the time of disclosure to be confidential.
Notwithstanding the foregoing, Confidential Information does not include information which is: (i) already in the possession of the receiving party and not subject to a confidentiality obligation to the providing party; (ii) independently developed by the receiving party; (iii) publicly disclosed through no fault of the receiving party; (iv) rightfully received by the receiving party from a third party that is not under any obligation to keep such information confidential; (v) approved for release by written agreement with the disclosing party; or (vi) disclosed pursuant to the requirements of law, regulation, or court order, provided that the receiving party will (if permitted by applicable law) promptly inform the providing party of any such requirement and cooperate, at the sole expense of the providing party, with any attempt to procure a protective order or similar treatment.
Neither party (nor, in your case, any of your Users) will use the other party’s Confidential Information except as reasonably required for the performance of the Service and these Terms. Each party agrees not to disclose (or, in your case, permit your Users to disclose) the other party’s Confidential Information to anyone other than its employees or subcontractors who are bound by confidentiality obligations and who need to know the same to perform such party’s obligations hereunder. The confidentiality obligations set forth in this Section will survive for one (1) year after the termination or expiration of the active subscription.
Each party will, upon the request of the disclosing party, destroy all Confidential Information and all copies thereof in the receiving party’s possession or control. In case a party receives legal process that demands or requires disclosure of the disclosing party’s Confidential Information, such party will give prompt notice to the disclosing party, if legally permissible, to enable the disclosing party to challenge such demand. The disclosing party shall promptly reimburse any expense or cost (including attorneys’ fees) incurred in connection with the challenge to or compliance with such legal process.

8. Disclaimers and Limitations.
THE SITE, SERVICE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THERE ARE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, SITE OR SOFTWARE. WE DO NOT WARRANT THAT USE OF THE SITE, SERVICE OR SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED. WE MAKE NO WARRANTY THAT THE SITE, SERVICE OR SOFTWARE COMPLY WITH THE LAWS OF ANY JURISDICTION OTHER THAN THE UNITED STATES. WE MAKE NO WARRANTY AS TO THIRD PARTY SERVICES OR CONTENT THAT MAY BE AVAILABLE OR ACCESSIBLE THROUGH THE SERVICE.
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OR CORRUPTION OF DATA, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY OUT OF THE SERVICE OR THESE TERMS, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification
You agree to indemnify and hold us, our officers, employees and supporting contractors, harmless from any claim or demand, including attorney’s fees, made by any third party due to or arising out of the use of the Service by you or your Users, your violation of these Terms, or the infringement by you, any User or any of the Customer Data of any right of any person or entity.

10. Modifying, Terminating and Suspending Services
We reserve the right to modify, suspend or terminate the Service or your use of the Service at any time without prior notice and without liability to you or any third party.

11. Cancellation Policy
11.1 You agree to provide a 30-day written notice if you wish to be removed from usage of our software and cancellation of any active subscription. Upon cancellation, you agree that your outstanding balance will be paid and collected upon the end of their payment cycle.
11.2 All additional features included inside their mobile application that exceeds the standard mobile application features are subject to be removed and/or will be charged at regular price to add.

12. Opting Out of Important Communications
We may occasionally send important communications to you regarding updates, changes to our services, or other essential information. By using the Service, you acknowledge that opting out or unsubscribing from these important communications may result in missing critical updates or notices, and you agree that we shall not be liable for any consequences resulting from your decision to opt out or unsubscribe from such communications.

13. Choice of Law; Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Virginia and applicable federal law, without any strict construction in favor of or against either party. Any action arising under or relating to these Terms shall lie within the exclusive jurisdiction of the State and Federal Courts located in Prince William County, Virginia.

14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalid, illegal, or unenforceable provision will not affect any other provisions, and these Terms will be construed as if the invalid, illegal, or unenforceable provision is severed and deleted from these Terms.

15. Updates and Modifications
We reserve the right to make changes to this Terms and Conditions at any time and for any reason. You are encouraged to periodically review this Terms and Conditions to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms and Conditions is posted. This Terms and Conditions does not apply to the third-party online/mobile store from which you install the Application or make payments, including any in-game virtual items, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party.

16. Entire Agreement
These Terms constitute the entire agreement between you and Dominion IT Consulting, LLC regarding the subject matter herein and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral. By accessing the Site or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Questions or Inquiries:

Dominion IT Consulting, LLC

info@dominionstudio.com