Terms And Conditions Of Use And Service Of DSR Softwares

Effective Date: December 1st, 2019


By purchasing our subscription services through our website or through our clients, you agree to the following terms and conditions of use and service (collectively referred to as the “Terms of Service”). This is a voluntary opt-in process, including the order you place for our services.


Please Read Carefully


Welcome to DSR Softwares, a wholly owned subsidiary of Sapphire Softech Solutions LLC, located at 123 East 9th Street, Ste # 323, Upland, California 91786 (hereinafter referred to as “we,” “our,” or “us”). Our service provides you access to the following features:


  • Automatic detection and resolution of common Microsoft Windows-related issues.
  • Access to a library of self-help content for challenges that cannot be automated.
  • Access to live technical assistance to resolve any issues not covered by automation or self-help material.

These Terms of Service form a legally binding agreement between you and DSR Softwares regarding your access to and use of our subscription services, support services, and any related information, content (including client content), and electronic documentation (collectively referred to as the “Services”) provided via the website https://www.dsrsoftwares.net/ (or any portals or subdomains thereof), or other websites or call centers operated by or for DSR Softwares (collectively, the “Sites”). As used in these Terms of Service, “DSR Softwares,” “DSR Softwares service,” “Active Optimization Service,” “our service,” or “the service” refers to the Services.


If you are a resident of the United States (including its possessions and territories), you agree to the arbitration agreement and class action waiver outlined in these Terms of Service to resolve any disputes with DSR Softwares (except for matters that may be taken to small claims court).


Please note that these Terms of Service include hyperlinks that are accessible only through our website. These Terms of Service also incorporate by reference our Privacy Policy, which can be viewed at https://www.dsrsoftwares.net/privacy-policy/, and governs the use of information (including personally identifiable information 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 acknowledge and accept these Terms of Service. By clicking the "I agree" or "I consent" button, or any other indicator of your electronic acceptance, you agree to conduct transactions electronically with DSR Softwares. You hereby confirm that electronic signatures will have the same legal force and effect as original, hand-written signatures in relation to these Terms of Service and all electronic records or transactions between you and DSR Softwares concerning the sites and services offered. You affirm your intent to conduct transactions using electronic signatures and records. You may revoke your approval of this electronic signature process at any time by providing prior written notice to DSR Softwares; however, this may result in the suspension or termination of all transactions and/or access to the sites or services unless you provide alternative legal consent.


Changes to Terms of Service: DSR Softwares may update or modify these Terms of Service, including the Privacy Policy, from time to time. Any revisions will supersede previous versions and become effective immediately. For existing subscribers, such revisions will be effective 30 days after posting, unless otherwise stated. We will make efforts to retain prior versions of the Terms of Service for the past 12 months.


While DSR Softwares may notify you of such changes, it is your responsibility to stay informed and comply with the updated Terms of Service.


Your continued access to the site or use of the services after any changes indicates your acknowledgment of and agreement to abide by the modified terms and conditions.


Communication Preference: By using DSR Softwares, you consent to receive electronic communications from us related to your account. These may include emails to the address provided during registration, or postings on the DSR Softwares service or "Your Account" page. These communications will include notices about your account (e.g., payment authorizations, password changes, payment method updates, confirmation emails, and other transactional information) and are an integral part of your relationship with DSR Softwares.


You agree that any notices, agreements, disclosures, or other communications sent electronically will satisfy all legal requirements for written communication. You should keep copies of electronic communications by printing or saving them. Additionally, you consent to receiving other communications from us, such as newsletters, product updates, special offers, promotional announcements, and surveys, via email or other methods. You also agree to receive phone calls related to scheduled live technical assistance or billing issues that may arise with your subscription. For more details on marketing communications, please review our Privacy Policy.


Account Set-Up

Establishing an Account: Browsing the public pages of the site is available to any user. However, access to the services requires creating and activating an account. You can sign up by completing the online order forms provided by DSR Softwares and following the instructions to submit a request to become a subscriber and set up an account. During the account activation process, you must certify that you are 18 years of age or older. When registering for an account, you will be asked to create a unique username and password, and provide a valid email address. You will also be asked whether you have read and agree to these Terms of Service and any additional terms outlined on the account setup page. If you answer “I agree” and meet the eligibility requirements, your account may be activated. If you answer “I do not agree” or are otherwise ineligible, your account will not be activated, and you will not have access to the services online.


Activation: DSR Softwares reserves the right to refuse account activation for any reason. If your account is successfully activated, you will receive a confirmation email immediately after registration. Once you confirm and complete the activation process, you will be able to log in, access, and use the services and their specific features for which you have been registered.


By confirming your registration, you acknowledge that you have read these Terms of Service, understand your rights and obligations, and agree to be bound by them.


You also acknowledge that certain services will be subject to additional terms, conditions, and user limitations specified in the order confirming your subscription, and for all computers or devices supported by the services (each an "order"). You agree to comply with any additional terms and conditions applicable to the services as outlined in each order.


You and DSR Softwares agree that the services will be made available to you based on the number of computers specified in the order. Additional computers can be added through a separate order. You acknowledge that the services are not dependent on the delivery of future features or functionality, nor on any oral or written public statements made regarding future features, except as explicitly stated in the order.


Password Protection: You must set up a password to access the services online via your account. You are responsible for keeping your password confidential and protecting it from unauthorized use. You are also responsible for all activities conducted under your password and username, whether initiated by you or others. If your password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised, or if there is any breach of security, you must immediately notify DSR Softwares. You will only have access to the portions of the services and the sites that you are permitted to use by DSR Softwares.


Account Requirements: In consideration of your use of the sites and services, you agree to:


  • Provide true, accurate, current, and complete information about yourself as prompted by our account activation form; and
  • Maintain and promptly update such account information to keep it accurate, current, and complete.

If you provide information that is false, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is inaccurate or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the sites or services, or any portion thereof.


Access to Services via DSR Softwares


At DSR Softwares, we provide our client applet (the "Client") as a convenient, automated solution for accessing our advisory services. The Client streamlines time-consuming tasks by performing an initial system analysis and establishing a performance baseline for your supported PC(s). It evaluates key metrics such as internet speed, device drivers, security software, and more. Additionally, the Client creates a user profile, attempts to auto-detect hardware connected to your home or local network, and facilitates both initial and ongoing system optimizations.


The Client is the proprietary software of DSR Softwares or its licensors and is protected under copyright law. While DSR Softwares retains all intellectual property rights, you are granted limited permission to use the Client upon accepting our Terms of Service. This permission also extends to any updates, revisions, or enhancements to the Client that DSR Softwares may provide.


The Client includes a third-party component, **cpuidsdk.dll**, provided by CPUID EURL, which enhances our ability to deliver tailored recommendations for your system.


Some advanced features and functionalities of the Client may only be available with a subscription to our services.


You may uninstall the Client at any time using your computer’s standard uninstall procedures. To do so, navigate to your operating system’s “Control Panel > Add/Remove Programs,” select “DSR Softwares” from the list of installed applications, and click the “Change/Remove” button.


Please note that some residual artifacts may remain on your system after uninstalling this client. These artifacts cannot be removed through the uninstall process but can be manually deleted using standard file, folder, or registry-entry deletion methods. Rest assured, these files and folders are harmless and cannot be used in any active or passive manner by anyone or any system.
The following directories may contain previously downloaded driver updates:
Windows XP: c:\documents and settings\*username*\my documents\downloads\dsrsoftwares\
Vista and later: c:\users\*username*\downloads\dsrsoftwares\

Additionally, license information may be stored in the following locations:
Windows XP: c:\documents and settings\all users\application data\dsrsoftwares\dsrsoftwares\dd.lic
Vista and later: c:\programdata\dsrsoftwares\dsrsoftwares\dd.lic

The client installer will install Microsoft’s .NET 2.0 libraries if they are not already present on your computer, as they are required for the client to function. If these libraries were installed by the client, you may uninstall them by navigating to your computer’s Control Panel > Add/Remove Programs, selecting "Microsoft .NET 2.0" from the list of installed applications, and clicking "Change/Remove."

The client requires an active internet connection to operate effectively.

Your rights and obligations with respect to using this client are outlined below:


Your Rights:
You are entitled to use the client on or in conjunction with up to the number of computers specified by your subscription to our services.

Prohibited Activities:
You are not entitled to reverse-engineer, decompile, disassemble, modify, translate, or attempt to discover the source code of the client. You may not create derivative works from the client or use it to replicate configurations across multiple computers or hard drives not connected to the original system.

Restricted Use by the U.S. Government:
If the client is downloaded or accessed by or on behalf of the United States Government, its agencies, or instrumentalities ("U.S. Government"), it is provided with restricted rights. Use, duplication, or disclosure of the client by the U.S. Government is subject to restrictions outlined in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252-227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

Export Compliance:
The client and its underlying information and technology may not be downloaded, accessed, exported, or re-exported except as authorized by United States laws and the laws of the jurisdiction in which it was obtained. Specifically, the client may not be exported or re-exported:

  1. To any country subject to U.S. embargoes or to individuals residing in such countries.
  2. To anyone listed on the U.S. Treasury Department’s Specially Designated Nationals list or the U.S. Commerce Department’s Table of Deny Orders.

By downloading, accessing, or using the client, you agree to comply with these restrictions and represent and warrant that you are not located in, under the control of, or a national or resident of any such restricted country or on any prohibited list.

The client is developed by or for DSR Softwares to facilitate the delivery of our services. It is designed to distribute recommended resolutions and optimizations from DSR Softwares to devices where the client is installed and active. By using our service and the client, you acknowledge and agree to receive updated versions of the client without further notice or prompting. If you do not accept these terms, do not use our service. DSR Softwares does not take responsibility for or warrant the performance of the client or any devices on which the client is installed and active, including the compatibility of your devices with our services and sites.


By using our service and the client, you agree to look solely to the manufacturer or seller of your device for any issues related to its compatibility with the services and the client. If your device is sold, lost, or stolen, please deactivate it in your account for the services. Failure to log out of the online account portal may allow subsequent users to access the services through your account and potentially view certain account information.


DSR Softwares reserves the right to terminate or restrict your use of our service without compensation or notice if you are, or are suspected to be: (i) in violation of these terms of service or (ii) engaging in illegal or improper use of the service and/or the client.


Access to Service via Live Technical Support Assistance

While you maintain an active paid subscription to the services, you may request assistance from our live technical support agents. This support is available remotely via telephone and often includes remote diagnosis by a technical agent, including remote access to your devices via proxy with your permission.


You may either initiate a phone call with a technician or pre-arrange for a technician to call you. The technician will require your email address associated with your account. To receive services, you must confirm that:

  • (a) Our agents have full access to your devices, local area network, or system related to the issue.
  • (b) Your subscription is active, up-to-date, and in good standing for the affected devices.


You must have your own high-speed internet connection, and all supported hardware must be connected to this connection for the services to be delivered. Dial-up and satellite internet connections are insufficient for remote access and are not supported by DSR Softwares.


DSR Softwares will make commercially reasonable efforts to provide the service during normal business hours, which are 12 hours a day, seven days a week (excluding legally recognized holidays). In certain instances, the service may be unavailable. For tasks beyond the scope of the standard services outlined in these terms, DSR Softwares may offer additional services through phone support for an additional fee.


Our agents provide support for personal computers running Microsoft® Windows operating systems (including both notebooks and desktops). Supported software systems and programs include widely available versions of the following:


Supported Operating Systems:
- Windows™ 8
- Windows™ XP Home (SP3+), Windows™ XP Pro (SP3+)
- Windows™ Vista 32-bit (all service packs), Windows™ Vista 64-bit (all service packs)
- Windows™ 7 32-bit (all service packs), Windows™ 7 64-bit (all service packs)
- Windows™ 10 32-bit (all service packs), Windows™ 10 64-bit (all service packs)

Supported Services:
- DSR Softwares installation, configuration, operation, and usage
- Commonly available internet browsers, including Firefox®, Google Chrome™, and Edge®
- Email client setup and configuration
- System performance enhancement for gaming or other applications
- Installation, configuration, application usage, and troubleshooting
- Driver installation for devices connected to a supported PC
- Assistance with connecting printers, verifying connections, and printing test pages
- Audio/sound and webcam troubleshooting
- Spyware and malware removal


Important Acknowledgments:
You acknowledge that actions necessary to remove spyware or viruses may impair the performance of certain programs. Additionally, the removal of spyware or viruses may be restricted by certain software licenses. It is your responsibility to review such licenses to ensure that the procedures performed as part of these services will not affect them or, if they do, that any resulting effects on licenses or system performance are acceptable to you.

Furthermore, while we strive to provide effective solutions, these services cannot guarantee that new spyware or viruses will not return to or appear on your devices, local area network, or system after the services have been rendered.


Peripheral Hardware Support:
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 Services:
Hardware support may include the installation of device drivers and troubleshooting to confirm that the issue is not related to the software on the computer. If necessary, our agents may provide options such as referring you to the hardware manufacturer(s) for further assistance.

DSR Softwares Signature Service DOES NOT INCLUDE:

The following are excluded from the scope of DSR Softwares Signature Service:

  • Support for non-Windows®-based operating systems or applications
  • Labor and/or parts replacement for hardware or peripherals
  • On-site or at-home services
  • Support for systems with invalid configurations or compatibility issues with the software
  • Support for Internet Explorer®
  • Database editing and creation
  • Support for computers or devices managed by external IT departments
  • Enablement of 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
  • Installation of dual-boot operating system configurations
  • "Crack or hack" protected files
  • Support for commercial-grade printers
  • Activities deemed illegal by DSR Softwares, at its sole discretion
  • Support for systems that do not meet the minimum requirements for installed software
  • Support for third-party plug-ins, including browser helper applications and Flash™ players

DSR Softwares is not responsible for:

The following are outside the scope of DSR Softwares’ responsibilities:

  • Data loss or corruption
  • Hardware replacement
  • Providing software upgrades or new software releases
  • Support for versions of supported hardware older than the current version (support for older versions is provided on a commercially reasonable basis)
  • Support for freeware or shareware, except as expressly stated otherwise
  • Remote or on-site training services
  • Scripting, programming, database design, or web development
  • Providing product keys for activation other than DSR Softwares Signature Service software
  • Recovery of lost data or software (data or software recovery support is provided on a commercially reasonable basis)
  • Support for issues arising from intentional damage
  • Any activities not expressly described in this service description

Access to Service via Sites Portal and Email

You may access self-help content to resolve issues with supported hardware or billing concerns by emailing us at [email protected].

Subscriptions, Billing, and Cancellation

Ongoing Subscriptions: Your DSR Softwares subscription may continue monthly or annually (depending on your subscription purchase) unless you cancel your subscription or we terminate it. For subscriptions purchased at a reduced introductory price, you will be billed the full amount after the introductory period ends, as disclosed at the time of purchase. To use our services, you must have Internet access and provide a current, valid, and accepted payment method (referred to as “Payment Method”). We will bill the subscription fee to your Payment Method. You must cancel your subscription before it renews to avoid billing for the next subscription term.


Note that your account will be billed, including applicable taxes, in addition to the subscription cost, as required by law. Sales tax may apply based on your residence. If it is later determined that you were obligated to pay sales tax for the service, you will be charged accordingly.


Differing Subscriptions: We may offer various subscription plans, including promotional plans with differing conditions and limitations. Any differing terms will be disclosed during sign-up, in your order, or other communications provided to you. You can find specific details about your subscription by visiting our website and clicking on the “Your Account” link. We reserve the right to modify, terminate, or amend our subscription plans.


Recurring Billing: By starting your DSR Softwares subscription and providing a Payment Method, you authorize us to charge you a subscription fee (monthly or annually) at the then-current rate and any other charges incurred while using the DSR Softwares service. The amount billed may vary due to promotional offers, plan changes, or additional charges, and you authorize us to charge your Payment Method for these amounts.


Price Changes: We reserve the right to adjust pricing for our services or any components at any time, at our sole discretion. Any price changes will take effect after we notify you via email.


Billing Cycle: Subscription fees are billed at the start of your subscription term and each subsequent billing term unless canceled. Billing occurs on the calendar day corresponding to your subscription start date. If your subscription began on a day not contained in a given month, billing may occur on another day in the applicable month. For example, if your subscription started on January 31st, the next billing date would likely be February 28th. You can view your billing details by clicking the “View billing details” link on the “Your Account” page. Billing refers to a charge, debit, or other payment against your Payment Method, as applicable.


No Refunds: All payments are non-refundable. There are no refunds or credits for partially used subscription periods. Following cancellation, you will continue to have access to the service through the end of your current billing period. At our sole discretion, we may provide refunds or credits in specific circumstances, but this does not entitle you to similar treatment in the future.


Cancellation: You may cancel your DSR Softwares subscription at any time. Following cancellation, your account will remain active through the end of the billing period. To cancel, go to the “Your Account” page on our website and follow the cancellation instructions. To check when your account will close, click the “View billing details” link on the “Your Account” page. Note that we do not provide refunds or credits for partial subscription terms.


Your Qualifications to Be a Subscriber or Access the Services


You must be at least 18 years of age, or the age of majority in your province, territory, or country, to become a subscriber of the Service. Individuals under the age of 18, or the applicable age of majority, may use the Service only with the involvement of a parent or legal guardian, under that person’s account and in compliance with these Terms of Service.


The Services, and any content delivered through the Client or our Services, are for your personal and non-commercial use only. During your subscription, we grant you a limited, non-exclusive, non-transferable license to access the Client and Services to apply updates, fixes, optimizations, and other resolutions provided. Except for this limited license, no rights, title, or ownership will be transferred to you.


We continually update the Services and the Client. This includes testing various aspects such as our website, user interfaces (including the Client), service levels, plans, promotional features, updates, fixes, optimizations, delivery, and pricing. By using the Services, you agree that we may include or exclude you from these tests at our sole discretion, without notice. We reserve the right to modify or change how we offer and operate our Services at any time without notice.


You agree to use the Services, including all features and functionalities, in compliance with applicable laws and regulations. You agree not to:

  • Archive, download (except for caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or use content without express written permission from DSR Softwares and its licensors.
  • Circumvent, remove, alter, or degrade any content protections in the Services.
  • Use automated means such as robots, spiders, or scrapers to access the Services.
  • Decompile, reverse engineer, or disassemble any software or products accessible through the Services.
  • Insert code or manipulate the content of the Services in any way.
  • Upload or transmit any harmful material, including software viruses or malicious code.
  • Use the Services to build a competitive product or service or copy its features, functions, or graphics.
  • Sell, resell, rent, or lease the Services to others.
  • Use the Services to store or transmit illegal or infringing material.
  • Interfere with the integrity or performance of the Services or related systems.
  • Impersonate another individual or a DSR Softwares agent to gain unauthorized access to the Services or related systems.

If you violate these Terms of Service, DSR Softwares reserves the right, at its sole discretion, to warn you, suspend Services, or terminate your account.


Passwords & Account Access

The subscriber who created the DSR Softwares account and whose Payment Method is charged is referred to as the "Account Owner." The Account Owner has full control over the account through their password. To maintain exclusive control, the Account Owner should not share their password with anyone. To prevent unauthorized contact with DSR Softwares, the Account Owner should also avoid sharing Payment Method details (e.g., the last four digits of a credit or debit card, or their PayPal email address) associated with the account.


If you agree to these Terms of Service on behalf of a company or legal entity, you represent that you have the authority to bind the entity and its users to these Terms. In such cases, “you” refers to the entity. If you lack such authority or do not agree with these Terms, you must select the "Do Not Accept" option and refrain from accessing or using the Services.


To provide ease of access to your account and help administer the Services, DSR Softwares uses technology that enables us to recognize you as the Account Owner. This allows direct access to your account without requiring you to re-enter a password or other user identification when revisiting the Service. This includes accessing your account via DSR Softwares-ready devices or the website.


Be cautious of any communication requesting your credit card or account information. Providing such information in response to unofficial communications can lead to identity theft. Always access sensitive account information by going directly to our website and not through hyperlinks in emails or other electronic messages, even if they appear legitimate. DSR Softwares reserves the right to place any account on hold, with or without prior notice, to protect itself and its partners from suspected fraudulent activity. DSR Softwares is not obligated to credit or discount subscriptions for accounts placed on hold, whether by a representative or through automated processes.


Disclaimers of Warranties and Limitations on Liability

The DSR Softwares services, including all content and the Client associated with them, and any features or functionalities of the services, are provided "as is" and "as available," with all faults and without warranty of any kind. DSR Softwares does not guarantee, represent, or warrant that your use of the services or Client will be uninterrupted. Except as expressly provided herein, DSR Softwares makes no warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, suitability, quiet enjoyment, non-infringement, or originality, regardless of any previous dealings, customs, or trade practices. Indemnification is not provided for any claims of breach of warranty against DSR Softwares.


To the extent permitted by applicable laws, DSR Softwares, its subsidiaries, and their shareholders, directors, officers, employees, or licensors shall not be liable (jointly or severally) for any lost profits, loss of business, lost savings, lost data, commercial loss, business interruptions, or other incidental, consequential, indirect, special, exemplary, or punitive damages incurred by you, even if DSR Softwares has been advised of the possibility of such damages. This limitation applies even if the remedies provided in this agreement fail their essential purpose.


Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for specific types of damages. Therefore, some limitations in this section may not apply to you.


Nothing in these Terms of Service affects any non-waivable statutory rights that apply to you. If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will remain intact and enforceable.


Both parties acknowledge the allocation of risk outlined in this agreement. The parties agree that these limitations of liability were a necessary condition for entering into each order for the Services.


Governing Law

For all DSR Softwares subscribers, these Terms of Service and each order shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to conflict of law provisions.

You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.


Intellectual Property

Copyright: The DSR Softwares service, including all content provided on the platform, is protected by copyright, trade secret, and other intellectual property laws and treaties.

Trademarks: DSR Softwares is a registered trademark located at 123 East 9th Street, Ste #323, Upland, California 91786.

Patents: DSR Softwares has patents applicable to its services. For more information, visit https://www.dsrsoftwares.net/.

Claims of Copyright Infringement: The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing online infringes their rights under U.S. copyright law. If you believe in good faith that material on our platform infringes your copyright, you or your agent may send a notice requesting the removal or blocking of such material. The notice must include:

  • (a) A physical or electronic signature of the authorized representative of the copyright owner.
  • (b) Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works are involved).
  • (c) Identification of the material claimed to be infringing and sufficient information to allow DSR Softwares to locate it.
  • (d) The name, address, telephone number, and email address (if available) of the complaining party.
  • (e) A statement of good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
  • (f) A statement confirming the accuracy of the notice and the authority of the complaining party, under penalty of perjury.

If you believe a copyright infringement notice was wrongly filed against you, you may submit a counter-notice under the DMCA’s provisions. Notices and counter-notices must comply with the current statutory requirements. Send notices or counter-notices to [email protected]. It is recommended that you consult a legal advisor before filing any notice or counter-notice, as false claims may carry legal penalties.


Use of Information Submitted

DSR Softwares may use comments, ideas, concepts, reviews, or other feedback you submit (collectively referred to as "Feedback") for any purpose, including developing, manufacturing, and marketing products, or improving the services and Client. By providing Feedback, you agree not to enforce any "moral rights" in the Feedback to the extent permitted by law. Unsolicited ideas or materials submitted to DSR Softwares will not result in compensation or acknowledgement, and you waive any claims regarding their use.


Freedom to Operate

Nothing in these Terms of Service prevents DSR Softwares from providing software, materials, or services to other customers, regardless of their similarity to those delivered to you. DSR Softwares may monitor and collect usage data for analysis and system maintenance in accordance with its privacy policy. DSR Softwares reserves the right to offer services to other customers, regardless of market or territory, during and after the term of this agreement.


Customer Support: For more information about our services and features, or if you need assistance with your account, please visit the DSR Softwares support page. In certain cases, customer support may involve the use of a remote access support tool that allows full access to your computer. If you do not consent to this access, we will assist you through alternative means. In the event of a conflict between these Terms of Service and any information provided by support or other sections of our website, these Terms of Service will prevail.


Confidentiality: You agree to use the same degree of care to protect DSR Softwares’ confidential information as you use for your own confidential information (but not less than reasonable care). Specifically:

  • (i) You will not use any confidential information for purposes outside the scope of these Terms of Service.
  • (ii) You will limit access to confidential information to employees, contractors, and agents who require it for purposes consistent with these Terms and have signed confidentiality agreements containing protections no less stringent than those stated here.

If you are required by law to disclose confidential information, you must notify DSR Softwares beforehand (to the extent legally permissible) and provide reasonable assistance, at DSR Softwares’ expense, should DSR Softwares choose to contest the disclosure.


Consumer Review Fairness Act: The Consumer Review Fairness Act grants you certain protections against clauses that prohibit the disparagement of a service provider’s offerings. No clause in these Terms of Service shall:

  • (i) Prohibit or restrict your ability to engage in lawful reviews or assessments of DSR Softwares’ services.
  • (ii) Transfer intellectual property rights of such reviews to DSR Softwares, except for a non-exclusive license as described below.

However, these protections do not override:

  • (a) Legal duties of confidentiality.
  • (b) Civil actions for defamation, libel, or slander.
  • (c) DSR Softwares’ right to remove or refuse to display unlawful or inappropriate content, including content that is harassing, vulgar, or unrelated to the services.

You grant DSR Softwares a non-exclusive, perpetual, irrevocable, fully paid license to use, reproduce, edit, display, or commercially exploit any "covered communication" in any media, without requiring further notice or accounting. "Covered communication" includes any review, assessment, or analysis of DSR Softwares’ goods, services, or conduct.


Publicity: DSR Softwares reserves the right to publish customer case studies or press releases regarding your purchase of services and the business relationship established under these Terms of Service, during and after the term of the agreement. You may not use DSR Softwares’ name, trademarks, service marks, or trade names without express written authorization from DSR Softwares, subject to its quality control standards.


Arbitration of Claims


Please read this carefully. It affects your rights.


At DSR Softwares, we strive to ensure that our world-class service team can resolve most issues you may have with our services. You can find frequently asked questions or contact our customer service team by visiting our help center. However, in the unlikely event that an issue remains unresolved, we want to clearly outline what both you and DSR Softwares can expect to avoid confusion later. Accordingly, you and DSR Softwares agree to the following resolution process:


To find the quickest and most efficient resolution, you and DSR Softwares agree to discuss any issue informally for at least 30 days. To initiate this discussion, please mail your full name, contact information, your concern, and your proposed solution to: DSR Softwares, 123 East 9th Street, Ste #323, Upland, California 91786 – Attn: Legal Department. If we need to discuss an issue with you, we will contact you using the email address provided during your registration for DSR Softwares.


If no resolution is reached after 30 days of discussion, you and DSR Softwares agree that any claim arising out of or relating to these Terms of Service (including their formation, performance, or breach), our relationship, or your use of the services, must be resolved through binding arbitration. This arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. However, as an exception, you may pursue claims in small claims court if the claim falls within the court’s jurisdiction and you proceed on an individual basis.


To resolve issues promptly, you and DSR Softwares agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived. Both parties also agree to arbitrate as individuals, not as representatives or members of a class. Each party expressly waives the right to file a class action or seek relief on a class basis.


Any arbitration hearings will be held in Upland, California.


Please note that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.


If you have questions about arbitration, we encourage you to consult with an attorney.


Specifying a process for resolving issues is never an enjoyable topic, but we believe in transparency. Thank you for understanding why it’s important that you and DSR Softwares agree to the process outlined in this section.


Survival: If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable, the remaining provisions will remain valid, legal, and enforceable.


Cookies Policy


Cookies are small text files stored by your web browser when you visit websites. You can control how websites use cookies by adjusting your browser’s privacy settings (refer to your browser’s help function for details on cookie controls). Please note that disabling cookies entirely may cause DSR Softwares websites to not function properly.


DSR Softwares, along with the companies that assist us in operating our business, use cookies in several ways, including:


  • Authenticating and identifying you on our websites so we can provide the services you request.
  • Keeping track of information you have provided — for instance, maintaining items in your shopping cart as you browse https://www.dsrsoftwares.net/.
  • Providing you with the DSR Softwares websites you use.
  • Remembering your preferences or where you left off during your use of a DSR Softwares website.
  • Measuring your use of DSR Softwares websites to improve them, tailor content to your likely interests, and conduct market research.
  • Understanding your likely interests to deliver more relevant DSR Softwares ads and content on non-DSR Softwares websites and in non-DSR Softwares apps.
  • Running DSR Softwares solutions that help our business customers personalize and improve the performance of their websites, apps, and marketing messages.

Technologies Similar to Cookies


Technically, cookies are referred to as “HTTP cookies.” Other technologies serve similar purposes, such as HTML5 Local Storage and Local Shared Objects (LSOs). LSOs are used by authors of files read by DSR Softwares and the websites hosting those files. We may use HTML5 Local Storage, LSOs, and similar technologies to authenticate you, keep track of information you provide, and remember your preferences (as outlined above). When using a DSR Softwares application offline, we may store information about your usage on your device and transfer it to our servers the next time you connect to our service online.


Web Beacons and Embedded Scripts


Web beacons and embedded scripts are additional technologies we use on our websites, as well as in some emails and ads.


Web Beacons: Also known as “tags,” web beacons are small pieces of programming code embedded in web pages, emails, and ads. They notify DSR Softwares (or our business partners) when these pages, emails, or ads have been viewed or clicked on.


Embedded Scripts: Embedded scripts are small pieces of programming code in some of our web pages that measure your interactions, such as which links you click. We use this information to improve our websites, tailor content to your likely interests, and conduct market research. You can disable scripting functionality, like JavaScript, in your browser settings (refer to your browser’s help section). Please note that disabling scripting may impact the functionality of some DSR Softwares websites.


DSR Softwares and Social Networking


Please note that personal information you share via social media apps and websites may be viewed, collected, and used by us and others. The collection and sharing of personal information on social media apps and websites are governed by the privacy policies and practices of the respective social media service providers.


DSR Softwares and Social Networking Sites: DSR Softwares may collect information about you in connection with social networking sites in several ways, including:

  • When you sign in to a DSR Softwares app or website using a social networking account, such as Facebook. These sign-in features may also allow for easier creation of a DSR Softwares account by using the information you provided to the social networking site.
  • When you use a DSR Softwares app on a social networking site or join (or "like") a DSR Softwares page on a social networking site (e.g., the DSR Softwares page on Facebook). In such cases, the social networking site may share some information about you with DSR Softwares. Please refer to the social networking site’s privacy policy for more details.
  • When you interact with DSR Softwares social networking pages or content, we may use cookies to track which links you clicked.
  • When you make information publicly available on your social networking profile.

For more details about the privacy practices of the social networking site you are using to interact with DSR Softwares, please review the site’s privacy policy.


Communications from DSR Softwares: We may contact you in various ways, such as informing you about a new DSR Softwares app we think you’ll find interesting or showing you how to use specific features that may enhance your experience.


DSR Softwares Email, Telephone, and Postal Mail Marketing

If you have agreed to receive email, telephone, or postal mail marketing from us, we aim to make our communications relevant and helpful based on your interests. For example:

  • We track whether you have opened our emails to measure their effectiveness.
  • We send product and service recommendations based on how you use DSR Softwares’ offerings.
  • If you are a business customer and have agreed to receive DSR Softwares marketing communications, we may share your information with resellers and other sales partners.

We do not share personal consumer information with third parties for their own marketing purposes unless you have explicitly agreed to such sharing.


Tailoring DSR Softwares Apps and Websites to Your Interests

When you use a DSR Softwares app or website, we may display content, offers, or recommendations tailored to your likely interests to enhance your experience.


DSR Softwares


Interest-Based Advertising: DSR Softwares runs online ad campaigns that display ads tailored to your likely interests. We determine your likely interests based on your activity when using our apps and websites, as well as by acquiring information from other companies about your activity on non-DSR Softwares web pages and mobile apps. These ads, often called “interest-based ads” or “online behavioral advertising,” are displayed using ad platforms on non-DSR Softwares web pages and apps.


The ad platforms we engage use cookies, web beacons, and other identifiers to measure ad effectiveness and understand your likely interests. We and these ad platforms collect information such as which DSR Softwares ads are shown to you, which ads you click on, and on which web pages or apps these ads appear.


Some ad platforms use technology to identify devices and browsers used by the same person. This allows us to display ads tailored to you across non-DSR Softwares websites and apps, based on your activity on our apps and websites, even when using different devices and browsers.


Ad Preferences: If you prefer not to see ads on non-DSR Softwares apps that are based on your activity on DSR Softwares apps and websites, you can set your mobile device preferences to limit ad tracking. Please note, even with this preference set, you may still see DSR Softwares ads on other websites or apps, but they will not be personalized based on your activity on our platforms.


Other Ad Campaigns: DSR Softwares also runs ad campaigns on social networking websites and other non-DSR Softwares websites and apps. Some of these ads are based on information we have about users — for example, customers with outdated versions of DSR Softwares may see ads for the latest version. These ads may also rely on information provided by users to the third-party website or app. If DSR Softwares shares information with a website or app for advertising purposes, it is only used to display DSR Softwares ads. Please refer to the privacy policy of the website or app where the ad is displayed for details on its privacy practices and available privacy options.


EU-U.S. Privacy Shield/European Data Transfers

Safeguards for Personal Information:

When DSR Softwares transfers personal information across national borders, we do so in compliance with applicable laws.


How does DSR Softwares transfer your EU personal data?

For individual users and customers whose use of DSR Softwares websites and apps involves transferring personal information from the European Economic Area (EEA) or Switzerland to non-EEA countries, we rely on the following legal mechanisms:

  • The EU-U.S. Privacy Shield
  • The Swiss-U.S. Privacy Shield
  • Standard Contractual Clauses (SCCs)
  • Consent of the individual

DSR Softwares U.S. has certified its compliance with the Privacy Shield Principles for transferring personal information from the EEA and Switzerland in connection with DSR Softwares websites and apps. More information about our Privacy Shield certification is provided below.


How does DSR Softwares transfer EU personal data on behalf of business customers?

For business customers whose use of DSR Softwares solutions results in the transfer of personal information from the EEA or Switzerland to non-EEA countries, DSR Softwares relies on:

  • The EU-U.S. Privacy Shield
  • The Swiss-U.S. Privacy Shield
  • Standard Contractual Clauses (SCCs)

DSR Softwares has prepared a Data Processing Agreement (DPA) that includes SCCs. Business customers interested in entering into a DPA with SCCs can contact us for more information.


DSR Softwares Privacy Shield Certification:

DSR Softwares U.S. has certified its compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Framework, as outlined by the U.S. Department of Commerce, for transferring personal information from the EEA and Switzerland to the United States.

For individual users residing outside North America, your relationship is with DSR Softwares, which acts as the "data controller" for personal information collected by DSR Softwares. Your personal information may be transferred to DSR Softwares U.S. under our Privacy Shield certification or other legal transfer mechanisms, as described above.


Data Processing for EEA and Swiss Business Customers:

Under EU privacy laws, DSR Softwares is generally considered a "data processor" for personal information processed on behalf of EEA and Swiss business customers. As part of providing services to these business customers, consumer personal information may be transferred to DSR Softwares U.S. under our Privacy Shield certification or Standard Contractual Clauses.

DMCA

At DSR Softwares, we take the intellectual property rights of others seriously. It is our obligation to address and resolve any potential infringements that may occur on our website.


If you believe that any content posted on our website infringes your copyright or trademark, please notify us by submitting an infringement notice as outlined below.


DMCA Notices

If you are the owner of a copyright or authorized to act on behalf of a copyright owner and wish to report an alleged infringement on the DSR Softwares website or service, please send us a Digital Millennium Copyright Act (DMCA) notice containing the following information:


  • A description or image of the copyrighted work you claim is being infringed.
  • A description of the material you claim is infringing and that you want removed, including details of its location on the DSR Softwares website or service (e.g., URL) to help us locate it.
  • Your address, telephone number, and email address.
  • The following statement:
    “I have a good faith belief that the use of the copyrighted material described in this notice is not authorized by the copyright owner, its agent, or the law (such as fair use, fair dealing, or other exceptions).”
  • The following statement:
    “Under penalty of perjury, I certify that: (i) the information in this notice is accurate; and (ii) I am the owner, or authorized to act on behalf of the owner, of the copyright or an exclusive right that is allegedly infringed.”
  • An electronic or physical signature of the copyright owner or a person authorized to act on their behalf.

Our designated copyright agent to receive DMCA claims can be reached as follows:


By Mail: 123 East 9th Street, Ste #323, Upland, CA 91786


By Phone: ______________ (to be updated)


By Email: [email protected]

NOTE: You could be liable for costs and attorneys’ fees if you file a DMCA Notice without actual infringement. We recommend consulting legal counsel before submitting a DMCA Notice. When you file a DMCA Notice, we provide a copy of your notice to the customer or user who uploaded the allegedly infringing content.


Electronic Signature Consent to these Terms of Service and Orders

Your access to the Sites or use of the Services signifies your acceptance of these Terms of Service. By clicking the “I AGREE” or “I CONSENT” button or another indicator of electronic acceptance, you agree to conduct all transactions by electronic means. You also agree that electronic signatures have the same force and effect as original or hand-written signatures with respect to these Terms of Service and all electronic records or transactions entered into with DSR Softwares. You affirm your intent to use electronic signatures and records for transactions. You may revoke this approval at any time with prior written notice to DSR Softwares. However, such revocation will result in the suspension or termination of your access to the Sites and Services unless another valid legal acknowledgment of agreement is provided.


Changes to Terms of Service

DSR Softwares may periodically change or update these Terms of Service, including the Privacy Policy. Any revisions will supersede all prior versions and become effective immediately. For existing subscribers, unless otherwise specified, revisions will be effective 30 days after posting. DSR Softwares will endeavor to retain prior versions of the Terms of Service for at least 12 months, where applicable.


While DSR Softwares may provide written notice of changes, it is your responsibility to stay informed and adhere to the updated Terms of Service.


Your continued access to the Sites or use of the Services after such changes constitutes your acknowledgment of the changes and your agreement to follow and be bound by the updated terms and conditions.


Communication Preferences

By using DSR Softwares, you consent to receiving electronic communications from us regarding your account. These communications may include emails to your registered email address, messages posted on the DSR Softwares service, or on the “Your Account” page. They may include notices about account-related matters such as payment authorizations, password or payment method changes, confirmation emails, and other transactional information. These communications are part of your relationship with DSR Softwares.


You agree that any notices, disclosures, or other communications we send electronically satisfy legal communication requirements, including those that require written communication. It is recommended that you retain copies of these communications by printing or saving them electronically.


You also consent to receiving additional communications, such as newsletters about new DSR Softwares products, features, special offers, promotional announcements, and surveys via email or other methods. Additionally, you consent to phone calls related to scheduled live technical assistance sessions or billing inquiries.


Please refer to our Privacy Policy for further details on marketing communications.

DMCA Counter Notices

If a customer or user of DSR Softwares believes that the material removed or disabled is not infringing, or that they have the right to post and use such material (authorized by the copyright owner, the copyright owner’s agent, or under the law), they must submit a DMCA counter-notice including the following information:


  • Identification of the material that was removed or disabled and the location where the material appeared before it was removed or disabled.
  • A statement, under penalty of perjury, that the user or their authorized representative has a good faith belief that the material was removed or disabled due to mistake or misidentification.
  • The name, address, telephone number, and, if available, email address of the user or their authorized representative, along with a statement consenting to the jurisdiction of the Federal Court for the judicial district where their address is located. If the address is outside the United States, consent should be provided for any judicial district where the allegedly infringing material is located. This statement must also include an agreement to accept service of process from the person who submitted the original infringement notice.
  • The physical or electronic signature of the user or their authorized representative.

NOTE: You could be liable for costs and attorneys’ fees if you file a DMCA Counter Notice for infringing material. Please consult an attorney if you are unsure about your rights.


If a counter-notice is received by our designated copyright agent, we may send a copy of the counter-notice to the original complaining party. This notice informs the complaining party that the removed material may be replaced or access to it restored. Unless the copyright owner files an action seeking a court order against the user, the material may be reinstated at our or the user’s discretion.

Trademark Notices

If you are a trademark owner, or an authorized agent of the owner, and believe that content available through one or more of our websites or services infringes your trademark(s), please send us a notice containing the information required for a DMCA Notice, as described above. We will process these notices similarly to the procedure outlined for copyright violations and may disclose the notice to the customer or user who uploaded the allegedly infringing content.


AdChoices

Some of the ads you see on web pages are customized based on predictions about your interests, which are generated from your activity on different websites and devices. This type of ad customization is known as “online behavioral” or “interest-based” advertising. Such ads help support the content, products, and services you access online. The DAA (Digital Advertising Alliance) Principles apply to interest-based advertising and other relevant uses of web-viewing data collected over time across non-affiliated websites and devices.


Using the AdChoices browser tool, you can control the collection and use of web-viewing data for interest-based advertising and other uses. This includes:

  • Viewing all participating companies in the WebChoices tool and learning more about their data practices.
  • Checking which participating companies currently enable customized ads for your browser.
  • Verifying whether you have previously set controls with participating companies.
  • Exercising choice with some or all participating companies to store your preferences using opt-out cookies or other technologies.

Note: Deleting your browser cookies may remove your opt-out preferences. It is recommended that you revisit the AdChoices page periodically to review and update your preferences, including those for new participating companies.


You can use the “OPT OUT OF ALL” feature to manage data collection and usage covered by the DAA from all participating companies in one step. However, you may still receive other types of online advertising from participating companies, and these companies may collect information for other purposes consistent with the DAA Principles.