Welcome to CFO.tools business application!
This application and related websites (including cfo.tools, go.cfo.tools dillanalytics.com),
hereafter referred to as the “Platform” or the "Service", are owned and operated by
Dill Analytics OOD, a registered limited liability company in Sofia, Bulgaria
(“the Company”, “Dill Analytics”, “we” or “us”), in accordance with these Terms and
Conditions of Use (“Terms of Use”).
These Terms of Use govern your use of the Platform. By accessing
or using the Platform, you (“the user”, “the end-user”) accept these Terms of Use in
full and without reservation. They also apply to any updates, supplements, Internet-based
services, and support services for this Platform, unless other terms accompany those items.
We recommend that you read these Terms of Use, furthermore,
Dill Analytics may change these Terms of Use at any time by updating them on the
CFO.tools webpage. Please review the Terms of Use regularly to ensure you are aware
of any changes. Your continued access to and/or use of the Platform after changes
have been made to these Terms of Use indicates your agreement to be legally bound
by the updated and/or amended Terms of Use.
IF YOU DO NOT AGREE TO THESE TERMS OF USE AND/OR THE PRIVACY
POLICY OR OTHER POLICIES, GUIDELINES OR INSTRUCTIONS POSTED ON THE PLATFORM, DO NOT USE THE PLATFORM.
Installation and Use Rights
- The Platform. The Platform is sold only as a web application in the
cloud. All user data is stored in the cloud, your device only stores limited information
(e.g. cookies), needed to identify you as an user and associate you with your Platform account.
- Templates. You may not copy and use templates that could be provided with
the Platform or separately and identified for such use in models that you create. You may
not distribute those templates to other users or devices.
- Automatic upgrades or conversions. The Platform might provide for
automatic upgrades of components for various reasons, including fixes,
additional features, etc. You agree to such upgrades and they will be installed
without your explicit consent. In addition, you might decide to convert to a
different version of the Platform. Upon upgrade or conversion, this agreement will
apply also for the upgrades or the new versions of the Platform. After you upgrade or
convert, you may no longer use the earlier version of the Platform you upgraded or converted from.
- Trial and Conversion. Some or all of the Platform may be licensed on a
trial basis. Your rights to use trial Platform are limited to the trial period.
The trial Platform and length of the trial period are set forth during the activation process.
You may have the option to convert your trial rights to subscription or perpetual rights.
Conversion options will be presented to you at the expiration of your trial period.
After the expiration of any trial period without conversion, most or all features of
the trial Platform will stop running.
- Subscription. If you licensed the Platform on a subscription basis,
your rights to use the Platform are limited to the subscription period. If you extend
your subscription, you may continue using the Platform until the end of your extended
subscription period. After the expiration of your subscription, most or all features of
the Platform will stop running.
- Consent for Internet-Based Services. The Platform features include
Internet-Based Services which require connection to Dill Analytics’s site, external
servers, etc. You will not receive a separate notice when these services connect.
By using such features, you consent to the transmission of information.
- Misuse of Internet-based Services. You may not use these services
in any way that could harm them or impair anyone else’s use of them. You may not use
the services to try to gain unauthorized access to any service, data, account or network by any means.
- Web Content Features. Some features in the Platform might retrieve related content
(for example help information, data) from Dill Analytics’ sites or external servers. You may not
distribute data or other information provided through these features to third parties.
Scope of License
- The Platform is licensed, not sold. Dill Analytics grants you a
limited, revocable, non-transferable, non-exclusive, non-assignable, non-sublicensable right
to access and use the Platform as it is intended to be used and in accordance with these Terms of
Use and applicable law.
- Each license is valid for one company only. If you would like to use multiple
company analyses in one account, you need to purchase separate licenses for each company.
- Dill Analytics grants you no other rights, implied or otherwise.
Unless applicable law gives you more rights despite this limitation, you may use the
Platform only as expressly permitted in these Terms of Use. In doing so, you must comply
with any technical limitations in the Platform that only allow you to use it in certain ways. You may not:
- work around any technical limitations in the Platform;
- reverse engineer, decompile or disassemble the Platform;
- publish the Platform or access credentials for others to copy;
- use data, calculations or information, provided by the platform outside of the system,
except for your internal accounting and financial purposes;
- use the Platform in any way that is against the law; or
- rent, lease or lend the Platform or any data, calculations or information from it.
User Content
- By using the Platform, the user may create content (including without limitation
models containing text, numeric and other data, referred as “User Content”). The user must order as
many licenses as instruments the user has. The user is not allowed to use less instruments than the user
has by changing instrument characteristics and running multiple analyses, or in any other way.
- Dill Analytics does not control or verify the User Content. Dill Analytics is not responsible
in any way for the User Content, including for any use, interpretation or conclusions you or third parties may make of it.
- Any use or reliance on the User Content or materials posted via the Service or obtained
by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the
completeness, truthfulness, accuracy, or reliability of the User Content or communications posted via
the Service or endorse any opinions expressed via the Service. Under no circumstances will Dill Analytics
be liable in any way for the User Content, including, but not limited to, any errors or omissions in the
User Content, or any loss or damage of any kind incurred as a result of the use of the User Content posted,
emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
- You control and bear responsibility for the generation and the use of the User Content within
or outside the Platform.
- Dill Analytics does noe guarantee backing up User Content, which you might lose due to any reason
(including hardware or software problems, malfunction of the Platform, etc.).
Payment
- Some functionalities and features of the Platform may be made available to you at no
charge, while other features may be purchased. If there is a periodic or one-off charge associated with
the use of Services, you agree to pay that charge. We may suspend or cancel your access to the Platform
if we do not receive such charges on time. Suspension of your access to the Platform for nonpayment could
result in a loss of User Content.
- To pay the charges for the services delivered through the Platform, you may be asked
to provide a payment method at the time you access such services.
- By providing Dill Analytics with a payment method, you (i) represent that you
are authorized to use the payment method that you provided and that any payment information you provide
is true and accurate; (ii) authorize Dill Analytics to charge you for the Service using your payment method;
and (iii) authorize Dill Analytics to charge you for the Service. We may bill you (i) in advance; (ii) at
the time of purchase; (iii) shortly after purchase; or (iv) on a recurring basis.
- Dill Analytics may change the price of the Service at any time and will notify you by
email at least 7 days before any price change. If you do not agree to the price change, you must cancel and
stop using the Service before the price change takes effect. If there is a fixed term and price for your
Service offer, that price will remain in force for the term.
Cancellation of Service
- If you cancel the Service by deleting the Platform before the end of the period for
which you paid, your cancellation will take effect immediately. In such case you will not be given any refund.
Cancellation of your access to the Platform could result in a loss of access to the User Content.
- If you decide to reinstall the Platform after such cancellation, you may be required
to pay again for the Service. In such case you might not be able to retrieve the User Content created in
previous installations.
Intellectual Property Rights
- Dill Analytics owns and retains all proprietary rights to the Platform and all
associated copyrights, trademarks, brands, service marks, patents, object’s library, characters,
props or other proprietary rights under law. All of the trademarks, service marks, brand and trade
names and logos appearing on the Platform are the proprietary intellectual property of the owners
of such marks or names and you may not use, modify, remove or otherwise infringe any of such proprietary
intellectual property.
Notifications
- By agreeing to use the Platform you agree to receive newsletters, alerts, promotional
and other emails from Dill Analytics. You may unsubscribe from these mailing lists as required by law
via the Platform or its websites.
Disclaimers of warranty
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
- DILL ANALYTICS DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE PLATFORM
WILL BE ERROR FREE, OR THAT THE PLATFORM WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL, OR THAT
TRANSMISSION OF DATA TO / FROM THE PLATFORM WILL OCCUR AT ANY MINIMUM SPEED OR THAT THE PLATFORM OR
THE SERVERS THAT MAKE IT AVAILABLE (IF ANY) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- DILL ANALYTICS DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT ASSOCIATED
WITH OR USED IN CONNECTION WITH THE PLATFORM IS FACTUAL OR ERROR-FREE OR THAT THE USE OF SUCH MATERIAL
WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. DILL ANALYTICS RESERVES THE RIGHT TO CORRECT ANY ERRORS IN THE PLATFORM.
- WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT EVERYTHING
ASSOCIATED WITH THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- DILL ANALYTICS MAKES NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND
LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE
SERVICE OR ANY CONTENT THEREON.
- THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR
DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE, OR THE USER CONTENT.
- YOU ALSO AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR THE
DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED
BY THE SERVICE.
- WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE
AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DILL
ANALYTICS OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE PLATFORM;
(B) THE USE OF ANY MATERIALS, USER CONTENT OR OTHER MATERIAL ON THE PLATFORM OR ANY WEBSITE OR
WEBSITES LINKED TO THE PLATFORM, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (D) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (F)
ANY OTHER MATTER RELATING TO THE PLATFORM.
- IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLATFORM.
- IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM,
OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF
YOUR USE OF THE PLATFORM. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID,
LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
- You hereby indemnify Dill Analytics and undertake to keep Dill
Analytics indemnified against any losses, damages, costs, liabilities and expenses
(including without limitation legal expenses and any amounts paid by Dill Analytics to a
third party in settlement of a claim or dispute on the advice of Dill Analytics’ legal advisers)
incurred or suffered by Dill Analytics arising out of any breach by you of any provision of these
Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.
Third Party Links
- The Platform may contain links to or allow you to interact with and make use
of other independent third-party websites, products or services (“Third-Party Services”).
Access to Third-Party Services is provided solely as a convenience. Third-Party Services are not
under Dill Analytics’ control and Dill Analytics does not necessarily endorse the content,
advertising, products, services or other materials on or available from such Third-Party Services.
Your use of any Third-Party Services may be subject to the third-party provider’s terms
and conditions and privacy policy and may involve the disclosure or transfer of information
from or about you to the third-party provider. You will need to make your own independent
judgment regarding your use of and interaction with any Third-Party Services. You acknowledge
and agree that Dill Analytics is not responsible for the availability of any Third-Party Services
and that Dill Analytics shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with you use of or interaction with any
Third-Party Services.
Miscellaneous
- All terms and conditions of these Terms of Use which are destined (whether expressed
or not) to survive the duration or termination of the agreement between you and us shall so survive.
- These Terms of Use constitutes the final and complete expression of your and our
agreement and understanding with respect to the subject matter herein and supersede all other prior agreements.
- Your use of the Platform does not give you any authority to act as an agent,
legal representative or employee of Dill Analytics or of any third party with whom Dill Analytics
has a relationship, and you agree not to represent that you are otherwise.
- Dill Analytics may transfer, sub-contract or otherwise deal with Dill Analytics’
rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.
- Should any of the provisions of these Terms of Use be determined to be null
and void, invalid and/or otherwise unenforceable, this shall in no way affect the legality, validity
and/or enforceability of the other provisions of these Terms of Use. Moreover, upon such determination
of one or more provisions of these Terms of Use being, in whole or in part, void, invalid or
unenforceable, the Parties shall negotiate in good faith in order to replace the provision in question
with a valid and enforceable provision which in its economic effect complies most with the void, invalid
or unenforceable provision.
- These Terms of Use and any renewal and/or modification thereof shall be
governed by and construed in accordance with the laws of Bulgaria. Any dispute or difference
arising out of or in connection with these Terms of Use shall be the exclusive jurisdiction of the
Sofia’s courts, regardless of conflict of laws principles.