Billing Policy

Last updated May 30, 2019


Please read this Billing Policy carefully before downloading, installing, or using the software program Dynimize ("Application").

By downloading, installing, or using the Application, you acknowledge and agree to this Billing Policy.

By using the Application on a single Host, you agree to pay Dynimize, Inc. in either one of two ways:

where a Host means a container where the Application is used, unless the Application is used outside of a container in which case a Host means the virtual machine where the Application is used, unless the Application is used outside of a virtual machine in which case a Host means the physical computer where the Application is used.


Definitions




Host Payment Calculation and Billing

The Host Payment is equal to the Host Payment Core Cost, multiplied by the Core Count. It is understood that when a Host Payment Request is received by the Licensing Service, a Host Payment will be charged automatically by Dynimize, Inc. using any payment method that you have provided. Host Payments are not transferrable between hosts. If a Host Payment has been made for a Host that is no longer in use, it cannot then be applied to a different host.


Usage Payment Calculation and Billing

The Usage Payment is equal to the Usage Payment Rate multiplied by the Usage Time, multiplied by the Core Count. Dynimize, Inc. may decide at its sole discretion if a Start Notification or Stop Notification transmitted all of the information required by Dynimize, Inc. to correctly validate the Usage Time, and that if Dynimize, Inc. decides that not all of this information was received or that any of this information is invalid, it may treat either the current or next Stop Notification as if it was received 30 days after that Stop Notification was sent. If a Stop Notification cannot be sent on the same Host as the Start Notification, you may notify Dynimize, Inc. of your intent to issue that Stop Notification by using the Control Panel, and Dynimize, Inc. may then treat this notification as if a Stop Notification was received 30 days after this notification was sent. All Usage Payments will be charged automatically by Dynimize, Inc. using any payment method that you have provided.


Usage Payment Calculation Changes

Dynimize, Inc., in its sole discretion and at any time, may modify the method in which Usage Payments are calculated. Any change will become effective on the first day of the next month after 30 days from when this change was published on the Pricing Page. For example, a change published on April 15 will become effective the on following June 1.

Dynimize, Inc. will provide you with a reasonable prior notice of such change if you have a Host that is using the Application at the time this change is published and which is being paid for using Usage Payments, if such change may result in an increase in Usage Payments for that Host when compared to the previous method in which Usage Payments were calculated before such change. This notice is meant to give you an opportunity to stop using the Application on that Host before such change becomes effective.

Your continued use of the Application after such change comes into effect constitutes your agreement to pay the Usage Payments using the new calculation method.


Free Trial

Dynimize, Inc. may, at its sole discretion, offer the use of the Application with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to use the Free Trial.

During the Free Trial period your account will not accrue any Usage Time and the associated Usage Payments for that time are not required. After the Free Trial period, unless you have notified Dynimize, Inc. using a Stop Notification, you will begin to accrue Usage Time and you are required to pay any resulting Usage Payments. In this case, if a Start Notification occurred during the Free Trial period without a following Stop Notification before the end of the Free Trial period, that Start Notification will be treated as if it occurred on the first second after the Free Trial period.

Unless otherwise specified, your Free Trial period begins when your account is created. Your account can be created using www.dynimize.com/users/signUp. You are only entitled to one Free Trial period, even if you create multiple accounts at different times.

It is understood that if you choose to pay for the use of the Application using Host Payments, these Host Payments must still be made during any Free Trial period, and will occur when a Host Payment Request happens. The Free Trial only allows you to forgo Usage Payments during that time.

At any time and without notice, Dynimize, Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.


Taxes

You are responsible for any additional taxes, customs fees, duties, and related penalties, audits, fines, interest and back-payments related to your Host Payments, Usage Payments, use of the Application, or use of any other products or services provided by Dynimize, Inc., including but not limited to national, state or local sales taxes, use taxes, value-added taxes (VAT) and goods and services taxes (GST) (collectively, "Taxes"). All payment calculations do not include and are not discounted or enhanced for any such Taxes.


Payments

Any payment method provided, such as a credit card, debit card or PayPal account will be charged automatically to collect Host Payments or Usage Payments. These payments are nonrefundable. You must provide up to date, complete and accurate billing information for these payment methods, and promptly update all billing information when it becomes out of date. If you fail to provide this information or keep it up to date, you agree that Dynimize, Inc. may continue charging for your use of the Application, and that the Application may stop working as intended. Unless otherwise specified, all prices, fees and amounts listed are in US dollars, your payment methods will be charged in US dollars, and you are responsible for any currency conversion fees.


Contact Us

If you have any questions about this Billing Policy, please contact us:










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