Terms & Conditions

Terms & Conditions Dancingnumbers.com (Dancing Digits LLC)

End-User Services Agreement

(Highlights on Web-Based Services)

This End-User Services Agreement (“Agreement”) is a legally binding agreement between Dancing Digits LLC (or Dancing Digits Pvt. Ltd)., the parent company of Dancing Numbers as well as FusionSync, and all users, clients, or customers (“you” or “your”).

Before clicking “I Accept,” creating an account, or accessing any Services, you must review and acknowledge these Terms and Conditions. Access to the Services is granted only upon acceptance of this Agreement. You may access the Services through a web browser, mobile application, or by using any part of the Services.

Certain Services may require registration with Intuit QuickBooks for single sign-on access. By using the Services, you confirm that you have read, understood, and agreed to all terms of this Agreement.

1. Purpose of the Agreement

• The “Agreement Services” refer to all Services provided through, and all content made accessible through, your access to at least one of the Dancing Digits LLC websites, including but not limited to the websites operated by Dancing Digits LLC (collectively referred to as the “sites”).
• The term “Software” includes the server, platform, and application software that is either hosted by or on behalf of Dancing Digits LLC (or Dancing Digits Pvt. Ltd), and used to deliver the Services. All servers, platform systems, and application software are provided by third parties or external providers and are potentially used to host, support, or connect with the software specified in this subsection. You will also have access to subsequent processing capabilities as part of the Services. These include, without limitation, all algorithms such as calculations, user interfaces (UIs), system and database designs and architecture, structures, class libraries, objects, the unique expression of selection and presentation of user-visible functions, priority organization, templates, data presentation techniques, enhancements, updates, patches, bug fixes, maintenance releases, and all documentation relating to any of the foregoing, whether in read-only memory, other media formats, or any other form.

If you are using the Services that require registration, and payment processing is conducted by you (where applicable) on behalf of yourself and others (“Other Registrants”), you hereby represent and warrant that you are authorized to bind such Other Registrants to this Agreement. By registering, you further represent and warrant to Dancing Digits LLC (or Dancing Digits Pvt. Ltd) that all registration information you provide is truthful and accurate, and that you will update such information as necessary to keep it current. You also acknowledge that the term “you” in this Agreement includes both yourself and all such Other Registrants, and you agree to be responsible for ensuring that each Other Registrant complies with the terms of this Agreement. If you are acting on behalf of an organization, you represent and warrant that you are authorized to bind such organization, and that both you and all Other Registrants are employees of that entity. You further agree that the use of the term “you” in this Agreement will apply to such organization.

The term “Agreement” shall also include any additional terms describing obligations or limitations that accompany your request for Services, including but not limited to service period terms, payment obligations, and usage restrictions within the specified time frame. In all cases where you request Services, Dancing Digits LLC’s acceptance is strictly conditional on your agreement to these terms to the exclusion of any other terms. Notwithstanding anything to the contrary in this Agreement, if you have executed a separate written agreement with Dancing Digits LLC that governs access to or use of the Services, then the terms of such agreement, and not this one, shall prevail and govern.

The Agreement includes warranty disclaimers and various provisions that limit the liability of Dancing Digits LLC to you. Before utilizing any of these web-based Services, you are required to review the Agreement thoroughly and adhere to each and every term and condition contained therein. Do not use any product or service if you have not reviewed and agreed to all the stated terms and policy conditions.

By utilizing the Services, you hereby grant Dancing Digits LLC authorization to send you communications regarding the Services, including but not limited to their features, service alerts, and system activity notifications.

Dancing Digits LLC reserves the right to modify or terminate this Agreement at any time. Where required by applicable law, reasonable notice will be provided before such changes take effect. Any revised version of the Agreement will be posted on the Dancing Digits LLC’s official website i.e. dancingnumbers.com, or other relevant interfaces through which you access the Services, and, where required by applicable law, you will be notified of material changes. You acknowledge and agree that it is solely your responsibility to periodically review the Agreement and familiarize yourself with any changes. With respect to any such amended Agreement, Dancing Digits LLC may, at its sole discretion, require you to execute a “click accept” agreement incorporated into or as a condition for accessing the Services following such updates. Even in the absence of a formal “click accept” prompt, your continued use of the Services after such amendments shall constitute your acceptance and acknowledgment of the updated Agreement.

In the event that you do not agree with any new changes made to the Agreement as they occur, your continued right to access and use the Services will immediately terminate, and you must agree to discontinue your use of all newly updated Services. You acknowledge that Dancing Digits LLC may update this Agreement for operational, security, or compliance reasons. To the extent permitted by applicable law, Dancing Digits LLC shall not be liable for such modifications. Your access to the Services will end accordingly, except as expressly provided within this Agreement.

2. Age Restriction (18 +)

The Services provided are strictly intended for use by individuals who are eighteen (18) years of age or older. Individuals under the age of eighteen (18) are not permitted to access or use any of the Services. By using the Services, you represent and warrant to Dancing Digits LLC (or Dancing Digits Pvt. Ltd) that you are at least eighteen (18) years old. Accordingly, access is granted only to eligible users. Use of the Services must not violate any applicable laws, and if any misuse or legal infringement is discovered, it may result in penalties under the law.

3. Term and License

This Agreement shall become effective either on the date you acknowledge it or upon your first access to or use of the Services, whichever occurs earlier, and shall remain in full force and effect until such time as the Services are terminated in accordance with the terms of this Agreement. Dancing Digits LLC reserves the right to modify or terminate this Agreement at any time. Where required by applicable law, reasonable notice will be provided before such changes take effect.

Upon termination of the Agreement, you will no longer be permitted to access or use the Services in any manner. Notwithstanding such termination, the provisions of this Agreement that, by their nature, are intended to survive termination—including but not limited to clauses concerning Indemnification, Limitation of Liability, Disclaimer, Governing Law and Severability, and Confidentiality—shall continue to remain in effect.

3.1 License Grant and Permitted Use

During the term of this Agreement, and subject to its terms and conditions, Dancing Digits LLC grants you a limited, non-transferable, non-exclusive, non-sublicensable, and revocable right to access and use the Services solely for your internal business purposes and in accordance with the applicable documentation provided by Dancing Digits LLC. For clarity, this right will automatically terminate upon the expiration or termination of the Agreement.

You may not rent, lease, sell, redistribute, sublicense, assign, or otherwise grant access to or use of the Services to any third party. However, if you have registered other authorized users (“Other Registrants”) as permitted under this Agreement, then your access rights include the ability to grant such Other Registrants the right to access and use the Services solely for your internal business purposes and strictly within the scope of this Agreement.

3. 2 User Responsibilities

You are solely responsible for obtaining and maintaining all hardware, software, internet access, and any other equipment or Services necessary to use the Services. It is your responsibility to safeguard and protect all credentials, access keys, passwords, security codes, client/user IDs, or any other login information (including, but not limited to, your login ID and password) provided to you.

You are solely accountable for all activities that occur on or through the Services under your login credentials, regardless of whether such activities are authorized by you.

3.3 Authorized Use and Security

To proceed further, you must confirm that you have read and agreed to the terms stating that the access granted to you does not permit the use of the Services for any illegal or unauthorized purposes. You agree to use commercially reasonable efforts to prevent unauthorized third parties from accessing the Services.

You represent and warrant that you will not breach the security of the Software or any related Services, nor will you attempt to gain unauthorized access to or interfere with the operation of the Software, any related Services, or any other person’s use of the Services.

Additionally, you agree not to use the Services in excess of, or beyond, the maximum number of registered users and/or devices for which you have been authorized or registered.

The Services may incorporate third-party technologies, including but not limited to open-source software; however, such software may not be applicable for modification under standard open-source licensing. You are solely responsible for complying with any separate terms and conditions provided by Dancing Digits LLC or applicable third parties in connection with your access to or use of any open-source software components that govern such use.

4. Your Content (Data) Ownership, Responsibility, and Retention

You retain ownership and full responsibility for the following while using the Services: (1) all legal documents, requested information, and data transmitted, submitted, or used by you in connection with your utilization of the Services; and (2) any output generated by the Services to the extent that such output is unique and specific to you.

4.1 Access and Use of Your Content (Data) by Dancing Digits LLC

Dancing Digits LLC will not access your Content except as necessary to provide, maintain, secure, or enhance the Services. This includes:

1. Use of automated tools to identify or resolve support or technical issues.
2. Access granted to Dancing Digits LLC’s technical support team or authorized personnel specifically for the purpose of addressing or preventing support or service-related issues.
3. Compliance with legal obligations or legal proceedings as outlined below.
4. Other optional uses as described in Dancing Digits LLC’s Privacy Policy.

You acknowledge and agree that, in order to provide the Services, a legal license is granted allowing the Services to integrate with Intuit’s QuickBooks Online platform. Accordingly, Dancing Digits LLC may share your Content with QuickBooks in accordance with your instructions and as further detailed in the Privacy Policy.

 4.2 Content Availability, Security, and User Responsibility

While Dancing Digits LLC will use commercially reasonable efforts to provide you with continuous access to the Services, certain Content or Data used or generated during a session may not remain available after the session ends, depending on the nature of the Service. While Dancing Digits LLC (or Dancing Digits Pvt. Ltd) implements reasonable security measures, it does not guarantee uninterrupted availability or permanent retention of Content. You are responsible for maintaining appropriate backups and copies of your Content or Data.

The Content may be processed within the geographic boundaries of the United States of America or in other jurisdictions outside the United States.

You are solely responsible for all Content. You agree that you shall not impersonate any person or entity when using the Services.

You agree that you will not upload, transmit, submit, or otherwise use the Services to distribute any of the following types of Content:

1. Indecent, Defamatory, or Threatening Material – Content that is obscene, offensive, threatening, defamatory, misleading, or otherwise unlawful, including material that invades the privacy rights of others or interferes with the Services of Dancing Digits LLC.
2. Infringing Content – Content that violates or infringes upon the intellectual property rights (including but not limited to copyrights, trademarks, patents, or trade secrets) of Dancing Digits LLC or any third party.
3. Malicious Software or Spam – Content that contains viruses, Trojan horses, or other code, files, or programs designed to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment. This also includes unsolicited or unauthorized advertising, promotional materials, bulk email, junk mail, chain letters, or any other form of unauthorized solicitation (“spam”).

4.3 Testimonials and Automated Access Restrictions

Dancing Digits LLC reserves the right to publish testimonials based on feedback, comments, or statements provided by you. By providing such input, you grant Dancing Digits LLC the right to include your name in connection with any published testimonials. These testimonials may be displayed on websites operated by Dancing Digits LLC and may also be featured in marketing or promotional materials. Dancing Digits Pvt. Ltd. may authorize the publication and distribution of such testimonials through additional channels, both digital and print.

You agree not to use any automated means or devices to access the Services, collect information from the Services, or interfere with the Services’ operation. This includes, but is not limited to, the use of scripts, bots, spiders, or data mining tools. Furthermore, you may not frame or utilize framing techniques to enclose any portion of the Services, including any logo, trademark, or proprietary content. You also agree not to place pop-up windows or overlays on the Services or otherwise affect the visual presentation or functionality of any Service page. Specifically, you shall not engage in practices such as “screen scraping,” “database scraping,” or any other method intended to collect user lists or any form of content or information from the Services without prior written consent from Dancing Digits LLC.

5. Intellectual Property Rights – Dancing Digits LLC

The Software, including all reports, information templates, and methods for presenting data made accessible through the Services; all data or information generated by Dancing Digits LLC as part of the Services (to the extent it is not unique to you or does not include your provided Content); all processes, analytics, methodologies, know-how, and trade secrets used by Dancing Digits LLC in delivering the Services; all elements provided through the website as part of the Services or otherwise made available to you by Dancing Digits Pvt. Ltd in connection with the Services; and any related Intellectual Property rights worldwide, including all updates, modifications, enhancements, patches, improvements, redesigns, configurations, customizations, and derivative works developed solely by Dancing Digits LLC, or developed by or with the assistance of a third party (collectively, the “Dancing Digits LLC Intellectual Property”) are protected under copyright and other intellectual property laws. These properties remain the sole and exclusive property of Dancing Digits LLC and may not be used, copied, reproduced, or distributed by you in any form without the express written permission of Dancing Digits LLC.

5. 1 Reservation of Intellectual Property Rights and Restrictions

Dancing Digits LLC hereby reserves all intellectual property rights in the Software, Services, and Dancing Digits LLC Information, subject only to your rights regarding your Content. By agreeing to this Agreement, you acknowledge and agree that, except as explicitly permitted herein, you shall not:

(a) Modify, adapt, reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the Software or Services, or create derivative works from any part of the Dancing Digits LLC Intellectual Property;
(b) License, sell, lease, rent, provide service bureau access, share, or otherwise transfer the Software, Services, or any Dancing Digits LLC Intellectual Property, or grant access to such Software, Services, or Intellectual Property to any third party;
(c) Attempt to reverse engineer, disassemble, or decompile or otherwise determine the source code of the Software or Services;
(d) Alter or remove any copyright notices or other proprietary legends included in the Software, Services, or any Intellectual Property;
(e) Grant access to or assist, build, or support any third party in offering or developing products or Services that compete with those of Dancing Digits LLC;
(f) Conduct any benchmark or performance tests of the Services without prior written approval from Dancing Digits LLC;
(g) Disclose or conduct any security testing activities related to the Services or associated systems—such as network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing—without prior written consent from Dancing Digits LLC.

5.2 Feedback and Trademark Usage

You agree that all of your suggestions, recommendations, comments, or other feedback provided in connection with the Services shall be considered part of the definition of “Services.” Accordingly, you hereby assign all rights, title, and interest in and to such suggestions and feedback to Dancing Digits LLC. The “Dancing Digits LLC” name, along with associated graphics, logos, designs, page headers, button icons, scripts, and service names, are trademarks of Dancing Digits LLC in the United States and other jurisdictions. These trademarks and trade dress, as well as any third-party trademarks, logos, or service marks used in connection with the Software or Services, may not be used in any manner likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Dancing Digits LLC.

6. Data Security and Protection

Dancing Digits LLC, along with any subcontractors to whom Content is provided, will maintain a data security program in compliance with applicable law. This program will include reasonable and appropriate technical, organizational, and security measures to protect against the destruction, loss, unauthorized access, or alteration of Content in the possession of Dancing Digits LLC or its subcontractors during your subscription period. These measures will:

(i) be no less rigorous than those maintained by Dancing Digits LLC for its own data of a similar nature; and

(ii) meet or exceed the security standards required under applicable laws.

Your use of the Services is subject to your acceptance of the terms and conditions outlined in Dancing Digits LLC’s Privacy Policy (the “Privacy Policy”), the terms of which are hereby incorporated into this Agreement and can be accessed through Dancing Digits LLC’s official website. The Privacy Policy terms may be amended solely at the discretion of Dancing Digits LLC, and such changes shall become effective upon posting. You are responsible for reviewing the Privacy Policy periodically for any updates or revisions.

7. Payments and Third-Party Services

The Services may, from time to time, include embedded access to or links to third-party websites and Services, including, but not limited to, third-party payment applications and access to Intuit’s QuickBooks. These links and integrations are provided solely for your convenience and do not constitute an endorsement, guarantee, warranty, or recommendation by Dancing Digits LLC regarding the security, Services, information, content, or data available on such third-party websites or Services. Furthermore, they do not imply any affiliation, sponsorship, or approval by Dancing Digits LLC of such third-party entities.

To the extent permitted by applicable law, Dancing Digits LLC is not responsible for the content, privacy practices, or accuracy of materials on third-party websites or Services. Your access and use of any linked or embedded third-party Services is at your own risk and is governed by the terms of use and privacy policies of those respective Services and websites.

Dancing Digits LLC makes no representations or warranties that it is an authorized service provider for any third-party software or hardware. It is solely your responsibility to determine whether additional rights are required to enable such support and, if necessary, to obtain those rights. You acknowledge that obtaining support for third-party software or hardware from an unauthorized service provider may void any warranty provided by the original supplier of such software or hardware.

8. Disclaimer: Representations and Warranties

Your use of the Services, Software, and Content is solely at your own risk. Except as expressly stated in this Agreement, the Services are provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, Dancing Digits LLC, its affiliates, and its third-party providers, licensors, distributors, or suppliers (collectively, “Suppliers”) expressly disclaim all warranties, whether express, implied, or statutory. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties related to data loss, data accuracy, system reliability, or quality of content or information linked to or provided through the Services.

Dancing Digits LLC and its affiliates and Suppliers do not warrant that the Services will be uninterrupted, error-free, secure, or free from bugs, viruses, or other harmful components, nor do they guarantee that any defects will be corrected.
If the exclusion of implied warranties is not permitted under your jurisdiction, then any implied warranties are limited to a period of sixty (60) days from the date of purchase or delivery of the Services, whichever occurs first.

Dancing Digits LLC, its affiliates, and its suppliers make no representations or warranties that your use of the Services will comply with any legal obligations, laws, or regulations. You are solely responsible for ensuring that your use of the Services complies with all applicable local, state, federal, and international laws.

Notwithstanding the foregoing, nothing in this Agreement shall exclude or limit liability where such exclusion or limitation is prohibited by applicable law, including the laws of the United States. For the avoidance of doubt, Dancing Digits LLC does not exclude or limit liability for:

1. Death or personal injury caused by its negligence or the negligence of its officers, employees, contractors, or agents;
2. Fraud or fraudulent misrepresentation;
3. Any other liability that cannot lawfully be excluded or limited by agreement.

9. Limitation of Liability and Indemnity

To the maximum extent permitted by applicable law, the total liability of Dancing Digits LLC, its affiliates, and its suppliers for all claims related to this Agreement shall not exceed the total amount paid by you for the Services during the twelve (12) months preceding the claim.

Subject to applicable law, under no circumstances shall Dancing Digits LLC, its affiliates, or its suppliers be liable for any:

(a) Indirect, special, incidental, punitive, exemplary, or consequential damages;
(b) Damages related to or arising from telecommunications failures, Internet or electronic communications interruptions, data corruption, security breaches, data loss or theft, viruses, spyware, loss of business, revenue, profits, or investment;
(c) Use of software or hardware that does not meet Dancing Digits LLC’s system requirements.

These limitations apply even if Dancing Digits LLC, its affiliates, or suppliers have been advised of the possibility of such damages.

This Agreement sets forth the entire liability of Dancing Digits LLC and its affiliates, and your exclusive remedy, with respect to your use of the Services.

10. Regional Terms (Australia, UK, and EU)

Dancing Digits LLC exercises reasonable care and skill to ensure the accuracy of the information provided through its Services. However, all information made available on or through the Services is provided on an “as is” and “as available” basis.

Dancing Digits LLC makes no representations or warranties regarding the completeness, accuracy, reliability, or timeliness of any content or data available through the Services. You acknowledge and agree that your use of such information is at your sole risk.

Note: This applies to end users (or clients) who live inside Australia, the UK, and the EU.

11. User Disputes and Release Policies

If you have a dispute with one or more other users of the Services, you agree that the matter is solely between you and the other party or parties involved. You hereby release and discharge Dancing Digits LLC and its officers, directors, employees, agents, affiliates, successors, and assigns (“Related Persons”) from any and all claims, demands, liabilities, debts, judgments, damages, expenses, actions, causes of action, or suits of any kind—known or unknown—arising out of or in any way related to such disputes, from the date of your acceptance of this Agreement (the “Release”).

You understand and acknowledge that this is a general release, and you expressly waive any rights you may have under applicable law that would limit the scope of this release to include only those claims that you may know or suspect to exist at the time of executing this release, including, without limitation, any protections under analogous laws that state:

“A general release does not extend to claims that the releasing party does not know or suspect to exist in their favor at the time of executing the release, and that if known by them would have materially affected their decision to agree to the release.”

12. Indemnification

You agree to indemnify, defend, and hold harmless Dancing Digits LLC, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party website providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or related to:

• Your violation of any material terms of these Terms and Conditions;
• Any misuse, abuse, or unauthorized use of the Services;
• Any infringement or alleged infringement by you, or by any person using your account, of any intellectual property or other rights of Dancing Digits LLC or any third party.

You agree to cooperate fully and reasonably as required in the defense of any claim. Dancing Digits LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you shall not settle any matter without the prior written consent of Dancing Digits LLC.

You further agree to promptly notify Dancing Digits LLC of any unauthorized use of your account or any other breach of security that you become aware of.

13. Export Policies

You acknowledge that the Services, including the mobile application and the underlying software, may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree to comply with all such laws and regulations and confirm that you will not export or re-export any part of the Services, directly or indirectly, in violation of these laws and regulations.

14. Force Majeure

You hereby acknowledge that circumstances beyond the reasonable control of Dancing Digits LLC, such as acts of God, widespread outbreaks of new computer viruses, strikes, riots, wars, military actions, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, actions by third parties, pandemics, or failures in electrical, internet, cellular, or telecommunications networks, may cause significant delays in the provision of Services. Dancing Digits LLC shall not be liable for delays or failures caused by events beyond its reasonable control.

Additionally, Dancing Digits LLC or its suppliers reserve the right to, at any time and without notice or liability, restrict access to the Services or limit their availability to perform maintenance, updates, or other service control activities.

15. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible under applicable law, and the remaining provisions shall continue in full force and effect. The failure of Dancing Digits LLC to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision, nor shall it affect Dancing Digits LLC’s right to enforce such provision at a later time.

16. Governing Law, Jurisdiction, Arbitration, and Class Action Waiver

Any claim, dispute, or controversy (“Claim”) arising out of or relating to this Agreement or the relationship between the parties shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect (“AAA Rules”). The arbitration shall be conducted by a single arbitrator, and the arbitrator’s decision shall be final, binding, and not subject to appeal. Judgment on the arbitrator’s award may be entered in, and enforced by, any court having jurisdiction.

The arbitrator shall have exclusive authority to resolve any dispute concerning the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or part of this Agreement is void or voidable. The arbitration shall be conducted in New York, U.S.A., and shall be governed by the terms of this Agreement, the intentions of the parties expressed herein, applicable international commercial practices, and the governing law specified in this Agreement.

No arbitration or proceeding may be consolidated or combined with another arbitration or proceeding without the prior written consent of all parties involved.

Class Action Waiver

The parties expressly agree that any Claim must be brought solely in their individual capacities, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (a “Class Action”). The parties hereby waive any right to pursue or participate in a Class Action in any forum.

The arbitrator shall have no authority to hear or decide any Class Action, consolidate claims, or award relief on a class or representative basis. The arbitrator may only resolve individual claims and grant relief to the extent necessary to resolve the individual Claim.

Any dispute regarding the enforceability, validity, or interpretation of this Class Action Waiver must be decided only by a court of competent jurisdiction and not by an arbitrator.

THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THIS AGREEMENT.

Pre-Arbitration Dispute Resolution

Before initiating arbitration or proceeding in small claims court, the party seeking to raise a dispute (“Claim”) must first provide the other party with a written notice (“Demand”) outlining the following:

(a) The nature and basis of the Claim or dispute; and
(b) The specific relief sought.

You must send your Demand to Dancing Digits LLC in writing at the contact address provided in these Terms. Similarly, before initiating arbitration, Dancing Digits LLC will send a written notice to you at the contact information associated with your account.

Upon receipt of a Demand, both parties agree to make a good-faith effort to resolve the dispute informally. If no resolution is reached within sixty (60) days of the date the Demand is received, either party may then initiate arbitration.

If your Claim is for $10,000 or less, you may elect to conduct the arbitration solely based on: (i) documents submitted to the arbitrator; (ii) a telephonic hearing; or (iii) an in-person hearing, as determined by the rules of the arbitration administrator.

Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. By notifying Dancing Digits LLC within twenty (20) days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations.

The amount of any settlement offer made by Dancing Digits LLC shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you are entitled. After receiving notice that you have commenced arbitration, Dancing Digits LLC will promptly reimburse you for your payment of the filing fee required by the arbitration administrator, unless your Claim exceeds $75,000.

If, after finding in your favor on any aspect of the merits of your Claim, the arbitrator issues an award that exceeds the value of Dancing Digits LLC’s last written settlement offer made before the arbitrator was selected, then Dancing Digits LLC will pay you the amount of the award or $10,000 (the “alternative payment”), whichever is greater.

If Dancing Digits LLC prevails before the arbitrator and demonstrates that you acted in bad faith in bringing your Claim, then Dancing Digits LLC may seek to recover from you the AAA’s fees and the expenses of the arbitrator.

17. Copyright Infringement Policy (DMCA)

Dancing Digits LLC respects the intellectual property rights of others and expects users of the Services to do the same. It is our policy to respond promptly to valid notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).

17.1 Filing a DMCA Notice

If you believe that any content available through the Services infringes your copyright, you may submit a written notification to our designated copyright agent. Your notice must include the following information:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing, along with sufficient information to locate the material
• Your name, address, telephone number, and email address
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
• A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner
• Your electronic or physical signature

17.2 DMCA Agent Contact Information

Notices should be sent to:

Dancing Digits LLC
 Attn: Copyright Agent
 Email: support@dancingnumbers.com

17.3 Action Upon Receipt of Notice

Upon receipt of a valid DMCA notice:

• Dancing Digits LLC will promptly remove or disable access to the allegedly infringing material
• We will take reasonable steps to notify the user who posted the material
• We may terminate repeat infringers in appropriate circumstances

17.4 Counter-Notification

If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our copyright agent. Your counter-notice must include:

• Identification of the material that was removed or disabled and its location before removal
• Your name, address, telephone number, and email address
• A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification
• A statement that you consent to the jurisdiction of the appropriate court
• Your electronic or physical signature

17.5 Restoration of Content

Upon receipt of a valid counter-notification:

• Dancing Digits LLC may provide a copy to the original complainant
• We may restore the removed content within 10–14 business days, unless we receive notice that a legal action has been filed

17.6 Repeat Infringers

Dancing Digits LLC reserves the right to suspend or terminate accounts of users who are found to be repeat infringers of intellectual property rights. The assigned operator to get a warning of asserted encroachment under the Digital Millennium Copyright Act OF 1998 is:

DANCING DIGITS LLC
Address: B-112, T/F, Chander Nagar, Janak Puri,
Janakpuri Puri Metro Station Delhi
West Delhi DL 110058 IN

Attn: Copyright Infringement

In the wake of accepting a case of encroachment, Dancing Digits LLC will process and examine notification of supposed encroachment and will take appropriate actions under the DMCA and other pertinent protected innovation laws. Upon receipt of a valid notice that complies with the Digital Millennium Copyright Act (DMCA), Dancing Digits LLC will act quickly to remove or disable access to material that is alleged to be infringing, and will act speedily to remove or disable access to any reference or connection to material or action that is alleged to infringe. Dancing Digits LLC will take reasonable steps promptly to notify the user that Dancing Digits LLC has expelled or disabled access to such material.

Upon receipt of a valid counter-notice under the DMCA, Dancing Digits LLC will promptly provide the individual who submitted the original notice of alleged infringement with a copy of the counter-notification and advise that individual that Dancing Digits LLC will restore the removed material or cease disabling access to it in 10 business days. Except if Dancing Digits LLC’ assigned specialist initially gets notice from the individual who presented the underlying notice that such individual has documented an action seeking a court order to limit the client from taking part in infringing activity identifying with the material on the Software or Services, Dancing Digits LLC will restore the removed material and cease disabling access to it.

• You may submit a counter-notification by providing the following information in writing to Dancing Digits LLC’s designated copyright agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled, including the location at which the material appeared before it was removed or disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (iv) your name, address, and telephone number, along with a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which Dancing Digits LLC may be found, and that you will accept service of process from the person who provided the original notification of alleged infringement.

If any such case identifying with copyright encroachment is affirmed against Dancing Digits LLC, such a case will be settled through binding arbitration as per the Agreement provided above.

18. Notices

Any notice required or permitted to be given under this Agreement shall be in writing. Notices to Dancing Digits LLC shall be sent by personal delivery, registered or certified mail, or commercial express courier. For purposes of this Agreement, you agree to receive communications from Dancing Digits LLC electronically. Notices sent to you will be delivered by personal delivery, email, registered or certified mail, or commercial express courier to the address listed for you. All notices shall be deemed given: (i) when delivered personally; (ii) 24 hours after the email is sent, unless Dancing Digits LLC is notified that the email address is invalid; (iii) five (5) days after being sent by registered or certified mail, or ten (10) days for international mail; or (iv) one (1) day after deposit with a commercial express courier specifying 24-hour delivery (or two (2) days for international courier packages specifying 2-day delivery). Either party may change its notice address by notifying the other party in accordance with this Section.

19. General

Dancing Digits LLC’s failure to exercise or enforce any right or provision of the Agreement shall not be deemed a waiver of such right or provision. Dancing Digits LLC shall be excused from any failure to perform to the extent that its performance is prevented by any reason beyond its control. The Agreement contains the entire understanding between you and Dancing Digits LLC and supersedes all prior agreements between the parties regarding the subject matter herein, except as otherwise expressly noted. In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials provided in connection therewith, or use of the Services or any Dancing Digits LLC information displayed through the Services. You may not assign or delegate any rights or obligations under the Agreement. Any attempted assignment or delegation in violation of this Agreement shall be void. Dancing Digits LLC may freely assign or delegate all rights and obligations under the Agreement, in whole or in part, without notice to you. Dancing Digits LLC may also substitute, by means of unilateral novation and effective upon notice to you (which you agree may be provided by electronic communication), Dancing Digits LLC, Inc. for any third party that assumes Dancing Digits LLC’s rights and obligations under the Agreement.

20. Term and Termination

Dancing Digits LLC, at its sole discretion, may terminate or suspend your Service immediately and without prior notice if, in its sole judgment, and such termination or suspension will take effect immediately:

(a) you breach any provision of these Terms and Conditions, including all policies governing abuse and acceptable use of the Service, or any license applicable to Third Party Software;
(b) your use of the Service violates applicable law or disrupts, negatively affects, or causes any malfunction to the Service, the Dancing Digits LLC network, or the use and enjoyment of the Service by other users;
(c) Dancing Digits LLC receives a valid court order requiring termination of the Service you are using;
(d) Dancing Digits LLC discontinues the Service for any reason;
(e) you are no longer a customer of Dancing Digits LLC; or
(f) Dancing Digits LLC determines that your conduct constitutes misuse or abuse of the Service. Dancing Digits LLC may, in its sole discretion, deny any request for Service, renewal, or re-subscription following any termination or suspension of your access to or use of the Service.

21. No Offer

The Dancing Digits LLC Portal is available internationally and may contain references to Dancing Digits LLC’s products, services, and programs that are not available in a viewer’s country. These references do not imply that Dancing Digits LLC intends to make such products, Services, or programs available in such a country.

22. Modifications to Terms

Dancing Digits LLC or Dancing Digits Pvt. Ltd reserves the right to amend the Terms and Conditions, and the Dancing Digits LLC Portal at any time by (a) posting a revised version of the Terms and Conditions on the Dancing Digits LLC Portal, or by (b) sending notice of such amendments to the email address associated with your account, where applicable, to the email address associated with your account. You are responsible for regularly reviewing the Dancing Digits LLC website to be notified of any amendments to the Terms and Conditions.