Terms of Service
Last Updated: May 27, 2024
1. Introduction
Welcome to Dynam Labs. These Terms of Service ("Terms") govern your use of our website, products, and services. By accessing our website, purchasing our products, or using our services, you agree to be bound by these Terms.
Please read these Terms carefully. If you do not agree with any part of these Terms, you must not use our website or services.
2. Definitions
In these Terms:
- "Dynam Labs," "we," "us," and "our" refer to Dynam Labs, Inc., a Delaware C Corporation.
- "Website" refers to dynamlabs.com and all subdomains.
- "Products" refers to our hardware products, including but not limited to the VCU+.
- "Software" refers to our software products, including but not limited to the Bolt application.
- "Services" refers to any services provided by Dynam Labs, Inc., including technical support, consulting, and training.
- "User," "you," and "your" refer to individuals or entities accessing our Website, Products, or Services.
3. Use of Our Website
You may use our Website for lawful purposes only. You agree not to:
- Use our Website in any way that violates applicable laws or regulations
- Attempt to gain unauthorized access to any part of our Website
- Use our Website to transmit malware, viruses, or other malicious code
- Interfere with or disrupt the operation of our Website
- Collect or harvest data from our Website without our express permission
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
Our Website uses PostHog, an open-source analytics platform, to collect anonymous usage data to help us improve our services. By using our Website, you consent to the collection and processing of this data as described in our Privacy Policy.
4. Products and Purchases
All product descriptions, specifications, and prices are subject to change without notice. We reserve the right to discontinue any product at any time.
When you place an order, you are making an offer to purchase the product. We reserve the right to accept or decline your order for any reason.
Payment must be made in full before products are shipped. We accept payment through the methods specified on our Website.
5. Software License
Our Software, including the Bolt application, is licensed, not sold. When you purchase our Products or download our Software, we grant you a limited, non-exclusive, non-transferable license to use the Software in accordance with these Terms and any documentation provided.
The Bolt application uses PostHog for analytics to help us improve the app's functionality and user experience. This data collection is anonymous and does not include any personal information or data about your vehicle's performance or configuration. By using the Bolt application, you consent to this data collection as described in our Privacy Policy.
You may not:
- Copy, modify, or create derivative works of the Software
- Reverse engineer, decompile, or disassemble the Software
- Remove or alter any proprietary notices or labels on the Software
- Use the Software for any illegal purpose
- Transfer, sublicense, or provide access to the Software to any third party
6. Warranty and Disclaimer
Our Products are covered by a limited warranty as specified in the documentation provided with the Product. This warranty is the exclusive warranty for the Product and is in lieu of all other warranties, express or implied.
EXCEPT AS EXPRESSLY PROVIDED IN OUR LIMITED WARRANTY, OUR WEBSITE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that our Website, Products, or Services will meet your requirements or that the operation of our Website or Software will be uninterrupted or error-free.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DYNAM LABS, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF OR INABILITY TO USE OUR WEBSITE, PRODUCTS, OR SERVICES, EVEN IF DYNAM LABS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL DYNAM LABS, INC.'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, OUR WEBSITE, PRODUCTS, OR SERVICES EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
8. Indemnification
You agree to indemnify, defend, and hold harmless Dynam Labs, Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:
- Your use of our Website, Products, or Services
- Your violation of these Terms
- Your violation of any rights of a third party
- Your conduct in connection with our Website, Products, or Services
9. Intellectual Property
All content on our Website, including text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of Dynam Labs, Inc. or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
Our trademarks and trade dress may not be used in connection with any product or service that is not Dynam Labs, Inc.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dynam Labs, Inc.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.
11. Changes to These Terms
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our Website with a new "Last Updated" date. Your continued use of our Website, Products, or Services after such changes constitutes your acceptance of the new Terms.
12. Contact Information
If you have any questions or concerns about these Terms, please contact us at: