The Terms of Service herunder apply to all users of DayCape platform and mobile applications.
Agreeing to our terms
To accept these Terms of Service, you have to have the right to enter into a binding agreement with us and not be prevented from doing so under any applicable laws and you must be at least 18 years old.
If you are accepting the Terms of Service on behalf of a corporation or other entity, you represent and warrant that you have the necessary right and authority to enter into these of use on behalf such corporation or entity and to bind such corporation or entity to these Terms of Service.
3. Registering an account
To access the content of the Service, you must register and create user account for yourself or organisation your representing, and for the users you are planning for. Registering a user account is only possible with a valid email address, Other registered information is completely optional and can be deleted at any time.
4. Technical conditions for using the Service
The Service requires an internet connection, due to a streaming solution and that the Service is available on the DayCape website. If you want to use the Service via your tablet or smartphone, you need to download the DayCape app available on the App Store or Google Playstore. DayCape app requires the user’s device to have iOS 8.1 (or later).
DayCape is not responsible for errors and / or delays due to your lack of equipment, software and / or internet capacity to use the Service.DayCapereserves the right to change the technical conditions from time to time.
5. Price and payment
For current price information, see DayCapes website. All prices are quoted in USD including applicable VAT rate. In addition to costs under this section (5), there might be additional costs with for instance data traffic charges that you pay to your provider/operator, which is managed between you and your provider/operator. This is outside the scope of these Terms of Service.
For using DayCape as a CapePlanner after the 30 days trial period you need to start at subscription with a payment method. Starting a subscription is completely optional and you won’t be charged after the trial period if you haven’t actively choose to start a subscription. You pay when you create your account in the Service and/or in the renewal of the Subscription Service. Payment can be made by card (card accepted: Visa, Mastercard), via the App Store’s separate payment solution or yearly invoice for organisation. You can choose to cancel subscription at any time. For mor information regarding cancellation and refund see https://www.daycape.com/cancellation-and-refund-policy/
6. Changes in price or Terms of Service for the Service
Peppy Pals reserves the right to change the Terms of Service of the Service, including these terms of use and during a promotional period, if necessary due to material changes in circumstances, changes in the production, acquisition or other costs of the Service or due to other acceptable reasons. Changed terms must be notified by email or a message in the Service and may also be published on the Service website. Changes that are of obvious benefit to you as a user do not need to be notified to you and may begin immediately, and from the coming period. If you do not accept changes under this section, you can not continue to use the Service.
7.Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Spotify, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Spotify only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.