Terms & Conditions

Dilemma End User License Agreement

This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User” or “you”) and Dilemma Inc. (“Dilemma”). This Agreement governs your use of the Dilemma web application and downloadable mobile application, including all related documentation, upgrades, and updates to the applications (“Application”). The application is licensed, not sold, to you.

By creating an account in the website or Application, you (a) acknowledge that you have read and understand this agreement; (b) represent that you are of legal age to enter into a binding agreement or are above the age of 13 and have agreed to this with the supervision and agreement of a parent or guardian; and (c) accept this agreement and agree that you are legally bound by its terms.

Whenever you use the Application, this Agreement applies to you.

If you are entering into this EULA on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into this EULA on behalf of such company or other organization. If you do not agree to these terms, do not download, install, or use the Application.

1. License Grant

Subject to and conditioned on payment of fees and compliance with all other terms and conditions of this Agreement, Dilemma hereby grants to you a limited, non-exclusive, non-transferable license to use the Application solely for the Permitted Use during the Term as defined in Sections 2 and 3.

2. Permitted Use

‍You may use the Application for non-commercial educational purposes, pursuant to the following restrictions (the “Permitted Use”). Dilemma reserves the right to suspend or delete your account or block you from the Application if you violate any license restrictions or misuse or abuse the Application in any way. Any other use of the Application beyond the Permitted Use is prohibited and, therefore, constitutes unauthorized use of the Application. A list of these non-permitted uses includes, but is not limited to, the following:

2.a. You may not copy; decompile; reverse engineer; disassemble; attempt to derive the source code of; decrypt; modify; create derivative works of; or circumvent, disable, or otherwise interfere with any security measures in the Software or any part thereof. You may not remove, obscure, or alter any proprietary notices, including trademark and copyright notices, that may be affixed to or contained within the Application.

2.b. You may not use the Application for any purpose other than its intended purpose; interfere with or disrupt the Application or Dilemma’s servers or networks connected to the Application; use any data mining, robots, or similar data gathering or extraction methods in connection with the Application; disseminate any viruses, worms, or otherwise harmful code; or, attempt to gain unauthorized access to any portion of the Application or any other accounts, computer systems, or networks connected to the Application, whether through hacking, password mining, or any other means.

2.c. You may not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any unlicensed third parties for any reason.

3. Term and Termination

3.1 Term. The term of this Agreement commences when you access the Application and will continue in effect until the end date of the Course (the “Term”).

‍3.2. Termination. This Agreement may be terminated at any time by either Party, effective on email notification to the other Party, if the other Party breaches this Agreement and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured 30 days after the non-breaching Party provides the breaching Party with email notice of such breach.

3.3. Effect of Termination or Expiration. On the expiration or early termination of this Agreement, all rights, licenses, and authorizations granted to you hereunder will immediately terminate. You will retain the ability to see results of the simulation that was used in the Term but cannot deploy the simulation again until buying new licenses for a new Term.

3.4. Surviving Terms. The provisions set forth in the following sections, and any other right, obligation or provision under this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement: this Section 3(d), Section 1, Section 7, Section 9, Section 10, Section 12, and Section 13.

4. Open-Source Components

The Software includes open-source components and third- party materials. Any use of the open-source components or third-party materials is governed by, and subject to, the terms and conditions of their respective open-source license(s), provided below.

4.1 Flutter Open-Source License.

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

5. Security Measures

The Application may contain technological measures designed to prevent unauthorized or illegal use of the Application. You acknowledge and agree that: (a) Dilemma may use these and other lawful measures to verify your compliance with the terms of this Agreement and enforce Dilemma’s rights, including all intellectual property rights, in and to the Application; (b) Dilemma may deny any individual access to and/or use of the Application if Dilemma, in its sole discretion, believes that person's use of the Application would violate any provision of this Agreement; and (c) Dilemma and its Representatives may collect, maintain, process and use diagnostic, technical, usage and related information, including information about your computers, systems and software, that Dilemma may gather periodically to improve the performance of the Application or develop Maintenance Releases. This information will be treated in accordance with Dilemma’s privacy policy, as amended from time to time, which can be viewed on Dilemma’s website or provided upon request.

6. Maintenance Releases

During the Term, Dilemma will provide you with all Maintenance Releases (including updated Documentation) at no additional charge. Maintenance Releases may modify or delete in their entirety certain features and functionality. Dilemma has no obligation to provide Maintenance Releases or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Maintenance Releases and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. All Maintenance Releases provided by Dilemma to you are deemed as part of the Application.

“Documentation” means Dilemma’s end user documentation describing the functionality, components, features, or requirements of the Application, including any aspect of the registration, installation, configuration, integration, operation, or use of the Application.

“Maintenance Release” means any update, upgrade, release, or other adaptation or modification of the Application, including any updated Documentation, that Dilemma may provide to you from time to time during the Term, which may contain, among other things, error corrections, enhancements, improvements, or other changes to the user interface, functionality, compatibility, capabilities, performance, efficiency, or quality of the Application.

7. Intellectual Property Rights

Intellectual Property Ownership. Dilemma owns all right, title, and interest in and to the Application and Documentation, including all intellectual property rights relating thereto. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to any of the Application or Documentation.
Unsolicited Ideas. Any submission of ideas, works, or suggestions you make relating to the Application or Dilemma’s services will automatically become the property of Dilemma without any compensation to the submitter. Dilemma may use the submission in any way without restriction, though Dilemma is under no obligation to do so, and there is no obligation to keep any submissions confidential.

8. Representations and Warranties

8.1. Mutual Representations and Warranties. Each Party represents, warrants, and covenants to the other Party that:

it is duly organized, validly existing and in good standing as a corporation or other entity under the Laws of the jurisdiction of its incorporation or other organization;
it has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, and authorizations it grants and is required to grant under this Agreement;
the execution of this Agreement by its representative whose signature is set forth at the end of this Agreement has been duly authorized by all necessary corporate or organizational action of such Party; and
when executed and delivered by both Parties, this Agreement will constitute the legal, valid, and binding obligation of such Party, enforceable against such Party in accordance with its terms.

8.2. Limited Warranty. Subject to the limitations and conditions set forth in Section 8(c), Dilemma warrants to you that for a period of ninety (90) days from the Effective Date (the “Warranty Period”), the Application will perform materially as described in the Documentation.

8.3. Exceptions. The limited warranty set forth in Section 8.2. will become null and void if you breach Section 2, or if you:

modify or damage the Application;
operate or use the Application in connection with any technology (including any software or hardware,) not specified for your use in the Documentation;
abuse or misuse the Application, including any use of the Application other than as specified in the Documentation.

8.4. Remedial Efforts. If the Application fails to comply with the warranty in Section 8.2., and such failure is not excluded from warranty pursuant to Section 8.3., then within thirty (30) days of first receiving email notice of such failure from you, Dilemma may, at its sole option and expense, take any of the following steps to remedy such breach:

replace or repair the Application, provided that you provide Dilemma with all information Dilemma requests to resolve the reported failure, including sufficient information to enable Dilemma to recreate such failure
amend, supplement, or replace any incomplete or inaccurate Documentation.

The remedies set forth in this Section 8.4. are your sole remedies and Dilemma’s sole liability under the limited warranty set forth in Section 8.2..

8.5. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN SECTION 8.2., ALL APPLICATIONS, DOCUMENTATION AND OTHER PRODUCTS, INFORMATION, MATERIALS, AND SERVICES PROVIDED BY DILEMMA ARE PROVIDED "AS IS." DILEMMA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, DILEMMA MAKES NO WARRANTY OF ANY KIND THAT THE APPLICATION OR DOCUMENTATION, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR OTHER PERSONS' REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE.

9. Indemnification

9.1. Dilemma Indemnification. Dilemma shall indemnify, defend, and hold harmless you from any and all Losses (“Losses”) incurred by you resulting from any third party claim, suit, action, or proceeding (“Third-Party Claim”) that the Application or Documentation, or any use of the Application or Documentation in accordance with this Agreement, infringes or misappropriates such third party's U.S. intellectual property rights, provided that you promptly notify Dilemma of the claim, cooperate with Dilemma, and allow Dilemma sole authority to control the defense and settlement of such claim. “Losses” means all losses, damages, liabilities, and costs, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers. This Section 9(a) does not apply to the extent that the alleged infringement arises from:

use of the Application in or with any technology (including any software or hardware) or service neither provided nor specified for your use by Dilemma in this Agreement;
modifications to the Application not made by Dilemma;
use of any version of the Application other than the most current version of the Application made available to you by Dilemma.

9.2 User Indemnification. You shall indemnify, defend, and hold harmless Dilemma from any and all Losses incurred by Dilemma resulting from any Third-Party Claim based on your:

negligence or willful misconduct;
use of the Application or Documentation not authorized or contemplated by this Agreement
use of the Application with any technology (including software or hardware) neither provided nor authorized by Dilemma in this Agreement or in writing; or
modifications to the Application not made by Dilemma.

9.3 Mitigation. If the Application is, or in Dilemma’s opinion is likely to be, claimed to infringe, misappropriate, or otherwise violate any third-party intellectual property right, Dilemma may, at its sole discretion:

obtain the right for you to continue to use the Application;
modify or replace the Application, in whole or in part to make the Application non-infringing; or
terminate this Agreement, in its entirety or with respect to the affected part or feature of the Application, effective immediately on email notice to you.

9.4 Sole Remedy. THIS SECTION 9 SETS FORTH YOUR SOLE REMEDIES AND DILEMMA’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE APPLICATION OR DOCUMENTATION OR ANY SUBJECT MATTER OF THIS AGREEMENT INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

10. Limitations of Liability

IN NO EVENT WILL DILEMMA, OR ANY OF ITS PROVIDERS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (a) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS, (b) LOSS OF GOODWILL OR REPUTATION, (c) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY APPLICATION OR OPEN SOURCE COMPONENTS OR OTHER THIRD-PARTY MATERIALS, (d) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, (e) COST OF REPLACEMENT GOODS OR SERVICES, OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF DILEMMA ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID AND AMOUNT ACCRUED BUT NOT YET PAID TO DILEMMA UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 10 DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 9 (INDEMNIFICATION).

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11. Force Majeure

Neither party shall be liable for any delay in performing its obligations under this Agreement, if such delay is caused by circumstances beyond the party's reasonable control, including without limitation, any delay caused by any act or omission of the other party, acts of God, war, terrorism, floods, windstorm, labor disputes, or delay of essential materials or services. The delayed party shall promptly notify the other party of the reasons for and the likely duration of the delay, whereupon an extension of time equal to the period of delay shall be granted to the delayed party.

12. Miscellaneous

Notification / Notice. Any notification or notice to Dilemma must be sent by email to info@dilemmainsights.com. Notice will be deemed effectively given on the same business day if email notification is sent during Dilemma’s normal business hours and on the next business day if sent after Dilemma’s normal business hours. Notice to users will be sent via email to the email the user provided to Dilemma.
Entire Agreement. This Agreement and all documents referenced herein constitute the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. On such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to affect the original intent of the Parties as closely as possible.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13. Governing Law; Submission to Jurisdiction

This Agreement is governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the Commonwealth of Massachusetts. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in the city of Boston and County of Suffolk, and each Party irrevocably submits to the jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such Party's address set forth herein will be effective service of process for any suit, action, or other proceeding brought in any such court.

14. Contact Information

If you have any questions regarding this EULA or your use of the Application, please reach out to Dilemma at info@dilemmainsights.com.

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