Dasamco Corporation SERVICE TERMS AND CONDITIONS OF USE AND SERVICE

Effective Date: December 1st, 2019

BY SUBSCRIBING TO OUR SERVICES VIA THIS WEBSITE OR THROUGH OUR CLIENT PORTALS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND SERVICE (COLLECTIVELY REFERRED TO AS THE “TERMS OF SERVICE”). THIS AGREEMENT REPRESENTS A VOLUNTARY CONSENT AND INCLUDES ANY ORDERS YOU PLACE FOR OUR SERVICES.

PLEASE READ CAREFULLY

Welcome to ‘Dasamco Corporation’, a fully owned subsidiary of Sapphire Softech Solutions LLC, located at 123 East 9th Street, Ste #323, Upland, California 91786 (hereafter referred to as “we”, “our”, or “us”). Our services provide you with the following capabilities:

  • Automatic identification and resolution of common Microsoft Windows issues.
  • Access to a knowledge base of self-help resources for issues that cannot be automated.
  • Availability of live technical support to address any challenges not covered by automation or self-help materials.

These Terms of Service constitute a binding agreement between you and Dasamco Corporation regarding your access to and use of our subscription services, support services, and any related content, information, or electronic documentation (collectively, the “Services”) provided through www.dasamcollc.com, its subdomains, portals, or any other websites or call centers operated by or on behalf of Dasamco Corporation (collectively, the “Sites”). In these Terms, references to “Dasamco Corporation”, “Dasamco Corporation service”, “Active Optimization service”, “our service”, or “the service” refer to the Services.

If you reside in the United States (including its territories and possessions), you agree to the Arbitration Agreement and class action waiver outlined in these Terms of Service for resolving disputes with Dasamco Corporation, except for issues eligible for small claims court.

These Terms of Service contain hyperlinks accessible only through our website. They also incorporate by reference our Privacy Policy, available at www.dasamcollc.com/privacy-policy, which governs the handling of information, including personal data and cookies, in connection with the Services.

Electronic Signature Consent to these Terms of Service and Orders

By accessing the Sites or using the Services, you indicate your acceptance of these Terms of Service. Clicking the “I AGREE” or “I CONSENT” button, or any other method of electronic acceptance, confirms your agreement to conduct transactions electronically. You acknowledge that electronic signatures carry the same legal weight as handwritten signatures for these Terms of Service and any electronic records or transactions between you and Dasamco Corporation. You affirm your intent to conduct business using electronic signatures and records. You may withdraw consent for this electronic signature process at any time with prior written notice to Geekcare Solutions LLP; however, doing so may result in suspension or termination of your access to the Sites or Services unless agreement or consent is provided by other legally valid means.

Changes to Terms of Service. Dasamco Corporation may update or modify these Terms of Service, including the Privacy Policy, from time to time. Any revisions will replace prior versions and take effect immediately; for current subscribers, updates will generally become effective 30 days after posting unless otherwise stated. Dasamco Corporation will attempt to maintain copies of previous Terms of Service for the preceding 12-month period.

While Dasamco Corporation may provide written notice of such updates, it is your responsibility to remain informed of and comply with the current Terms of Service.

Continuing to use the Sites or Services after any change constitutes your acknowledgment of the updates and your agreement to be bound by the revised terms.

Communication Preference. By using Dasamco Corporation services, you consent to receive electronic communications regarding your account. These communications may include emails, notices posted on the service, or messages in the “Your Account” section, such as payment authorizations, password or payment method changes, confirmation emails, and other transactional information, which form part of your relationship with Dasamco Corporation.

You agree that electronic communications satisfy all legal notice requirements, including the requirement for written communication. It is recommended that you save or print copies of these communications. You also consent to receive promotional communications, such as newsletters, new product announcements, special offers, and surveys via email or other methods. Additionally, you agree to receive phone calls related to scheduled live technical support sessions or billing inquiries regarding your subscription. Please consult our Privacy Policy at www.dasamcollc.com/privacy-policy for more details on our marketing communications.

Account Set-Up

Establishing an Account. Browsing the public pages of the Site is currently free for anyone. However, access to the Services requires creating and activating an account. You can register by completing the online order forms provided by Dasamco Corporation and following the instructions to submit a subscription request and set up your account. During account activation, you must confirm that you are 18 years of age or older. When registering, you will create a unique username and password and provide a valid email address. You will also be asked to confirm that you have read and agree to these Terms of Service and any additional terms shown during account setup. Selecting “I agree” and meeting eligibility requirements will activate your account; selecting “I Do Not Agree” or failing eligibility criteria will prevent activation and access to the Services.

Activation. Dasamco Corporation reserves the right to refuse activation of any account for any reason. Once your account is approved, you will receive a notification email after registration. Upon completing the activation process, you will be able to log in and access the Services and the specific features included in your registration.

By confirming activation, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.

Certain Services may be subject to additional terms, conditions, and user limitations specified in the order confirming your subscription (each an “Order”). You agree to comply with all additional terms applicable to the Services described in each Order.

You and Dasamco Corporation agree that the Services will be available only for the number of computers listed in the Order. Additional computers can be added via a separate Order. You acknowledge that the Services are not contingent on the delivery of any future features or functionality, nor on any public statements or promises about future features, except as specified in the Order.

Password Protection. You must create a password to access the Services online through your account. You are responsible for keeping your password confidential and protecting it from unauthorized use. You are responsible for all activities that occur under your username and password, whether performed by you or others. You must notify Dasamco Corporation immediately if your password is lost, stolen, shared with unauthorized parties, or otherwise compromised, or if there is any security breach. Access will be limited to the portions of the Services and Sites for which you have permission.

Account Requirements. By using the Sites and Services, you agree to (i) provide accurate, current, and complete information during account registration; and (ii) maintain and promptly update this information to ensure it remains true, accurate, current, and complete.

If any information you provide is found to be false, inaccurate, outdated, or incomplete, or if Dasamco Corporation has reasonable grounds to suspect such, we reserve the right to suspend or terminate your account and deny any current or future access to the Sites or Services, in whole or in part.

Access to Services via Dasamco Corporation

We provide the Dasamco Corporation client applet (the “Client”) as a tool to access our advisory services efficiently. The Client performs an initial analysis and establishes a performance baseline for your supported PC(s), checking items such as internet speed, device drivers, security software, and other key components. It also creates your profile, detects hardware connected to your home or local network, and helps launch initial and future system optimizations.

The Client is owned by Dasamco Corporation or its licensees and is protected by copyright law. While Dasamco Corporation retains all intellectual property rights, you are granted limited permission to use the Client once you accept our Terms of Service. This permission covers any updates, revisions, or enhancements provided by Dasamco Corporation.

The Client includes one third-party component (cpuidsdk.dll) provided by CPUID EURL to improve system recommendations.

Additional features of the Client are available only after subscribing to our Services.

You may uninstall the Client at any time using your operating system’s standard uninstall procedure: go to Control Panel → Add/Remove Programs, select ‘Dasamco Corporation’, and click “Change/Remove.”

  • Some files and folders may remain after uninstalling the Client. These can be removed manually using standard deletion methods. These remaining files are harmless.
  • Downloaded driver updates are stored in:
  • Windows XP: “c:\Documents and Settings\*USERNAME*\My Documents\Downloads\Dasamco Corporation\”
  • Vista and above: “c:\Users\*USERNAME*\Downloads\Dasamco Corporation\”
  • License information is stored in:
    Windows XP: “c:\Documents and Settings\All Users\Application Data\Dasamco Corporation\Dasamco Corporation\dd.lic”;
    Vista and above: “c:\ProgramData\Dasamco Corporation\Geekcare Solutions LLP\dd.lic”
  • The Client installer may install Microsoft .NET 2.0 libraries if they are not present. These are required for the Client to function. You may uninstall them via Add/Remove Programs if needed.
  • An active internet connection is required for the Client to function properly.
  • The site apps.dasamcollc.com will be added to Internet Explorer’s Trusted Sites to enable access to scan results and reports.

Your rights and obligations when using the Client include:

  • You may use the Client on the number of computers specified in your subscription.
  • You may not reverse engineer, decompile, disassemble, modify, or attempt to discover the source code of the Client, nor create derivative works. You may not use the Client to replicate multiple computers or hard drives with similar configurations to the original.
  • If the Client is used by or on behalf of the U.S. Government, it is provided with Restricted Rights, subject to applicable federal regulations.
  • The Client and its technology may not be exported except as authorized by U.S. law and local regulations. It cannot be sent to embargoed countries or persons on restricted lists. By using the Client, you confirm you are not in any prohibited location or on any restricted list.

The Client is developed for use with Dasamco Corporation Services to distribute recommendations and optimizations. By using the Service and Client, you agree to receive updated versions automatically. If you do not accept these terms, do not use the Service. Dasamco Corporation does not guarantee the Client’s performance or compatibility with your devices.

You agree to contact the device manufacturer for any device-specific issues. If a device is sold, lost, or stolen, you should deactivate it in your account. Failure to log out may allow others to access your account and Services.

Dasamco Corporation may terminate or limit your use of the Service without notice or compensation if you violate these Terms of Service or use the Service or Client improperly or illegally.

Access to Service via Live Technical Support Assistance

As long as you maintain an active paid subscription to the Services, you may request help from our live technical assistance agents available remotely via telephone, which frequently includes remote diagnosis by the technical agent, including having remote access to your devices via proxy, with your permission.

You may initiate a phone call with a technician or you may pre-arrange for a technician to call you. The technician will ask for your email address associated with your account. To receive the Services, You must confirm that (a) our agents have full access to your devices or local area network or system that is the basis of the problem, and (b) you have an active and up to date subscription in good standing for the affected devices.

You must have your own internet connection and that all Supported Hardware (as defined below) is connected to a high-speed internet for the Service to be delivered; dial-up and satellite internet connections are not sufficient for remote access and therefore not supported by Dasamco Corporation as part of the Services.

Dasamco Corporation will make commercially reasonable efforts to make the Service available during its normal business hours 12-hours a day, seven days a week (excluding legally recognized holidays).  In certain instances, the Service may be unavailable. In specific situations where support is needed for tasks beyond the scope of services set forth in these Terms of Service, Dasamco Corporation may offer additional services through the phone support agent for an additional fee.

Our agents will support personal computers running Microsoft® Windows based operating systems (includes both notebooks and desktops) (each, a “Supported PC”).  Software systems and programs supported include widely available versions of the following programs:

  • Windows™ 8, Windows™ XP Home (SP3+), Windows™ XP Pro (SP3+), Windows™ Vista 32-bit (all service packs), Windows™ Vista 64 (all service packs), Windows™ 7 32-bit (all service packs), and Windows™ 7 64-bit (all service packs); Windows™ 10 32-bit (all service packs), and Windows™ 10 64-bit (all service packs); and
  • Dasamco Corporation software installation, configuration, operation, and usage.
  • Commonly available Internet browser programs, including Firefox®, Google Chrome™, and Edge®
  • Email client setup and configuration support;
  • System performance enhancement for gaming or other applications; and
  • Installation, configuration, application usage and troubleshooting.
  • Driver installation for any device connected to the supported PC;
  • Help connecting printer, verifying connection; printing test page;
  • Help with audio/sound and webcams.
  • Spyware/Malware removal
  • You acknowledge that actions necessary to remove some spyware and viruses may impair the performance of certain programs. In addition, removal of such spyware/viruses may be restricted by certain software licenses. It is your responsibility to examine such licenses and to ensure that the procedures performed as part of these Services will not affect these licenses, or, if they do, that the effect on such licenses or system performance is acceptable to you.
  • You further acknowledge that these Services cannot guarantee that new spyware and viruses will not return to or appear on your devices or local area network or system after the Services have been rendered.

Additionally, our agents will make commercially reasonable efforts to support other hardware items that connect peripherally to a Supported PC (collectively, with the Supported PC(s), the “Supported Hardware”).  These items may include: printers, cameras, phones, music players & gaming systems.

Hardware support may include installation of device drivers and troubleshooting to confirm the issue is NOT with the software on the computer and may provide options including referral back to the hardware manufacturer(s) for further assistance.

Dasamco Corporation Signature Service DOES NOT INCLUDE:
  • Support for non-Windows® operating systems or applications
  • Labor or parts replacement for hardware or peripherals
  • On-site or at-home services
  • Support when system compatibility or configuration is invalid
  • Support for Internet Explorer®
  • Database editing or creation
  • Computers or devices managed by an external IT department
  • Enabling access to corporate systems, email, or data
  • Live data manipulation
  • Video editing
  • Creating illegal copies of software
  • Bypassing copyright protection
  • Creating DVDs of commercially available movies
  • Installing dual-boot operating system configurations
  • Accessing “cracked” or hacked files
  • Support for commercial-grade printers
  • Supporting any activity deemed illegal by Dasamco Corporation at its discretion
  • Support when the system does not meet minimum software requirements
  • Supporting third-party plug-ins like browser helper applications and Flash™ players
Dasamco Corporation is not responsible for:
  • Loss or corruption of data
  • Replacement of hardware components
  • Provision of software updates or new software versions
  • Support for older versions of Supported Hardware (provided on a commercially reasonable basis)
  • Assistance with freeware or shareware, unless specifically stated otherwise
  • Remote or in-person training services
  • Programming, scripting, database development, or website design
  • Product activation keys, except for Dasamco Corporation Signature Service Software
  • Recovery of lost software or data (provided on a commercially reasonable basis)
  • Support for damages caused intentionally
  • Any services not explicitly mentioned in this Service Description
Access to Service via Sites Portal and Email

You can access self-help resources for issues related to Supported Hardware or billing by contacting us via email at support@dasamcollc.com

Subscriptions, Billing and Cancellation

Ongoing Subscriptions. Your Dasamco Corporation subscription will continue on a monthly or annual basis (based on your chosen plan) until you cancel or we terminate it. Introductory offers will automatically convert to the standard price after the introductory period, as disclosed at purchase. You must have Internet access and provide a valid, current Payment Method to use the Services. Subscription fees will be charged to your Payment Method, and you must cancel before renewal to avoid billing for the next term.

Note that all applicable taxes will be automatically added to your account in addition to the subscription cost, based on applicable laws. If taxes are not applied, you may have a duty to remit them. Should any past obligation arise, you will be responsible for applicable taxes.

Differing Subscriptions. We may offer multiple subscription options, including promotional plans or plans with unique terms. Any deviations from these Terms will be disclosed during sign-up or in communications. For details of your subscription, visit “Your Account” on our website. We reserve the right to modify, terminate, or adjust subscription plans at our discretion.

Recurring Billing. By starting a subscription and providing a Payment Method, you authorize Dasamco Corporation to charge your Payment Method for monthly or annual subscription fees at the current rate, along with any additional charges incurred through your use of the Services. Amounts may vary due to promotions, gift cards, codes, or plan changes, and you authorize us to bill such amounts accordingly.

Price Changes. We may adjust pricing at any time in our discretion. Price changes will take effect following an email notice unless otherwise specified in these Terms.

Billing Cycle. Subscription fees are billed at the start of your paying subscription and each subsequent term unless canceled. Billing occurs on the calendar day corresponding to the start date. Fees are earned upon payment. Billing dates may adjust if the Payment Method fails to settle. For example, subscriptions starting on January 31st will likely renew on February 28th. View billing details on your account page for your next renewal date.

No Refunds. PAYMENTS ARE NONREFUNDABLE. No credits are given for partial periods. Upon cancellation, access continues until the end of your billing term. Occasionally, we may offer credits at our discretion; these do not guarantee future credits.

Payment Methods. Update Payment Method via “Your Account” on our website. Failure to update may result in continued billing attempts. Additional charges by your payment provider may apply.

Cancellation. Cancel anytime via “Your Account.” Access continues until the end of your billing term. See View billing details for closure date. After 14 days, cancellations may incur fees according to the table below:

Days Cancellation Charges
15 90 39.99
91 180 29.99
181 270 19.99
271 365 9.99
Beyond 365 days 0.00

Annual plan cancellations are subject to the above charges. Third-party payment cancellations must be done through the respective third-party account. Billing information is available through that third-party account as well.

Qualifications to Be a Subscriber

You must be 18 or the age of majority to subscribe. Minors may use the Service under parental supervision via the parent’s account.

Services are for personal, non-commercial use. We grant a limited, non-transferable license for using the Services and Client. All other rights remain with Dasamco Corporation.

We update Services and Client continuously, including testing features, updates, and pricing. We may include or exclude you from tests without notice and may adjust our operations as we deem fit.

Use the Services legally and responsibly. Do not reproduce, distribute, modify, or exploit content without permission. Do not circumvent protections, use automated tools, or engage in malicious activity.

Violation may result in warnings, suspension, or termination of services.

Passwords & Account Access

The Account Owner has full control via password. Keep it confidential. Do not share Payment Method info to maintain control.

If accepting these Terms for a company, you represent authority to bind the entity. Otherwise, do not accept.

Dasamco Corporation may provide seamless access to accounts without re-entering credentials. Be cautious of phishing attempts. Accounts may be placed on hold to prevent fraud without obligation for credits.

DISCLAIMERS OF WARRANTIES & LIABILITY

Services are provided “AS IS” with all faults. Dasamco Corporation disclaims all warranties except as expressly stated. Dasamco Corporation is not liable for lost profits, data, or other indirect damages, even if advised of potential damages. Some limitations may not apply based on jurisdiction.

Governing Law

Terms are governed by California, U.S.A. laws, without regard to conflict provisions. Consumer rights may apply.

Intellectual Property

Copyright. Service content is protected by copyright and IP laws.

Trademarks. Dasamco Corporation is a registered trademark of Sapphire Softech Solutions LLC.

Patents. Visit www.dasamcollc.com for patent info.

Dasamco Corporation IP. All proprietary technology and related IP remain with Geekcare Solutions LLP.

Claims of Copyright Infringement. DMCA procedures apply. Notices and counter-notices must meet statutory requirements. Contact support@dasamcollc.com.

Use of Information Submitted. Dasamco Corporation may use Feedback worldwide without compensation. Unsolicited submissions waive claims against Dasamco Corporation.

Freedom to Operate. Dasamco Corporation may provide similar services to others and monitor usage per Privacy Policy.

Customer Support. For assistance, visit Dasamco Corporation Support Page. Remote access may be used if consented.

Confidentiality. Maintain confidentiality of all Dasamco Corporation IP and only share as authorized. Disclosure may occur if legally compelled.

Consumer Review Fairness Act. You may post lawful reviews. Dasamco Corporation may use reviews commercially without compensation.

Publicity. Dasamco Corporation may issue press releases or case studies about the Services; no use of its marks without written permission.

ARBITRATION OF CLAIMS

PLEASE READ THIS CAREFULLY. WE WANT YOU TO UNDERSTAND HOW IT AFFECTS YOUR RIGHTS.

At Dasamco Corporation, our goal is to resolve most issues you may encounter while using the Services. You can consult our FAQs or contact customer support through our help center. In the rare case that a problem remains unresolved, we want to clarify expectations upfront to avoid confusion. Accordingly, you and Dasamco Corporation agree to the following resolution process.

To resolve issues efficiently, you and Dasamco Corporation agree to first attempt informal discussions for at least 30 days. Please send your full name, contact information, concern, and proposed solution by mail to: Dasamco Corporation, Sapphire Softech Solutions LLC, 123 East 9th Street, Ste #323, Upland, California 91786 – Attn: Legal Department. If we need to discuss the matter, we will contact you via the email you provided at registration.

If no agreement is reached after 30 days of discussion, you and Dasamco Corporation agree that any claim arising out of or related to these Terms (including their formation, performance, or breach), our relationship, or use of the Services must be resolved through binding arbitration under the American Arbitration Association’s Consumer Arbitration Rules, available at www.adr.org. As an exception, you may pursue claims in small claims court if the matter falls within its jurisdiction, proceeding only individually.

Arbitration must begin within one year of the claim arising; otherwise, the claim is waived. Both parties agree to arbitrate individually, not as representatives of a class, and expressly waive any right to class actions or class-wide relief.

Arbitration hearings will be conducted in Upland, California.

You may download the Notice and forms to initiate arbitration at www.adr.org. If you initiate arbitration, your fees will be limited to the AAA filing fee. Dasamco Corporation will cover all other arbitration costs, including your portion of arbitrator compensation.

The arbitrator’s decision is final and binding and may be entered as a judgment in any court with appropriate jurisdiction.

If you are unsure about any of this, you may wish to consult an attorney.

We understand that specifying dispute resolution is not a fun topic, but we value transparency and appreciate your understanding of the importance of this process.

Survival. If any provision of these Terms of Service is found invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will continue in full force.