Terms of Use

Dynamics Innovations Pty Ltd

Dynamics Innovations Pty Ltd license agreement terms and conditions

Status:This is an agreement between Dynamics Innovations PTY Ltd ("DIPL") and You (the “Agreement”). It applies to the DIPL add-in You download from a Microsoft application repository (“Software”). This Agreement also applies to any updates and supplements for the Software, unless other terms accompany those items. If so, those terms apply. This Agreement is a legally binding agreement with DIPL, and You represent and warrant that You are authorized to enter into this Agreement on behalf of the corporation, partnership or other legal entity (“You” or “Your”) You are employed by or otherwise represent.

Schedule:

  • BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT INTEND TO ACCEPT THEM, YOU HAVE NO RIGHT TO (AND MUST NOT) DOWNLOAD OR USE THE SOFTWARE.
  1. LICENSE
  2. SUPPORT. DIPL
  3. WARRANTIES
  4. LIMITATION OF LIABILITY
  5. TERMINATION

LICENSE

  • Subscription to other DIPL Applications. Your ability to download and use the Software is subject to, and conditional upon, You having separately purchased a subscription to another DIPL application (the “DIPL Application”), through a separate agreement with DIPL, or a DIPL affiliate (“Subscription Agreement”). The Parties confirm and acknowledge that this End User License Agreement shall not limit or amend any obligations, warranties or liabilities separately agreed by the Parties in their Subscription Agreement.
  • Scope of Use. The Software is licensed, not sold. Subject to Section 1.1, You will have the right to install the Software for use with the DIPL Application, to allow You perform development and testing of document templates.
  • Restrictions on Use of the Software. You may use the Software only as expressly permitted in this Agreement. In doing so, You must comply with any technical limitations in the Software that only allow you to use it in certain ways. You will not:
    • distribute, rent, sell, transfer, assign, loan or grant any rights in the Software or any portion thereof in any form to any other party;
    • use the Software in any manner that is not an internal use which expressly excludes any (i) use as an information technology resource for an unrelated third party, or (ii) illegal activity; or
    • disassemble, de-compile, reverse engineer, modify, make derivative works or otherwise change the Software, in whole or in part.

SUPPORT

SUPPORT. DIPL will provide maintenance and support for the Software in accordance with the Support package You have purchased for the applicable DIPL Application through Your Subscription Agreement. You will allow DIPL access to the Software subject to Your security requirements or other standard procedures, during normal working hours as per Australian Eastern Standard Time for inspection, modifications and maintenance.

WARRANTIES

WARRANTIES. THE SOFTWARE IS PROVIDED BY DIPL TO YOU ON AN “AS IS” BASIS. DIPL HEREBY EXPRESSLY DISCLAIMS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, LACK OF ERRORS AND NON-INFRINGEMENT RELATED TO THE SOFTWARE.

LIMITATION OF LIABILITY

  • CONSEQUENTIAL DAMAGES EXCLUDED. IN NO EVENT WILL DIPL BE LIABLE TO YOU WITH RESPECT TO THE PROVISION OR USE OF THE SOFTWARE OR PURSUANT TO THIS AGREEMENT UNDER ANY THEORY (INCLUDING CONTRACT AND TORT) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF DATA, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF BUSINESS, AND/OR HARDWARE MALFUNCTION, EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • LIABILITY LIMIT. DIPL’ LIABILITY TO YOU WILL BE LIMITED TO THE FEES PAID BY YOU FOR THE SOFTWARE, OR $1,000, WHICHEVER IS HIGHER.

TERMINATION

  • We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
  • We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
  • Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
  • All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Status:Terms of Use – User Adoption Tool
These Terms of Use (“Terms”) govern your access to and use of the User Adoption Tool (“Software”, “Service” or “Application”) provided by Dynamics Innovations Pty Ltd (“Dynamics Innovations”, “we”, “our”, or “us”).
By installing, accessing or using the Software, you agree to be bound by these Terms. If you do not agree, you must not use the Software.

1. Licence

Dynamics Innovations grants you a limited, non exclusive, non transferable and revocable licence to use the Software for your internal business purposes during the term of your subscription.
The Software is licensed and not sold.

2. Eligibility

You represent that:

  • You are authorised to use the Software on behalf of your organisation.
  • You have authority to accept these Terms.
  • You will comply with all applicable laws and regulations.

3. Subscription

Access to the Software requires an active subscription.
Subscription fees are payable in accordance with your Order Form or Subscription Agreement.
Failure to maintain an active subscription may result in suspension or termination of access.

4. Acceptable Use

You agree that you will not:

  • Attempt to reverse engineer or decompile the Software.
  • Copy, modify or distribute the Software.
  • Use the Software to provide services to third parties.
  • Attempt to gain unauthorised access to Microsoft services or customer environments.
  • Interfere with the operation or security of the Software.
  • Upload malicious software or harmful code.

5. Microsoft Services

The Software integrates with Microsoft Power Platform and Dynamics 365.
You acknowledge that:

  • You are responsible for maintaining the appropriate Microsoft licences.
  • Microsoft services remain subject to Microsoft’s licensing terms.
  • Dynamics Innovations is not responsible for Microsoft’s availability or service interruptions.

6. Customer Data

You retain ownership of all Customer Data.
The Software only processes data necessary to provide the Service.
Unless expressly authorised by you, Dynamics Innovations will not use Customer Data for marketing purposes.

7. Usage Analytics

The Software may collect operational information including:

  • User login activity
  • Adoption statistics
  • Feature utilisation
  • Application performance metrics
  • Configuration information
  • Error logs

This information is used solely for:

  • Product functionality
  • Product improvements
  • Technical support
  • Security monitoring
  • Licence validation

Personally identifiable information is limited to information required for operation of the Service.

8. Security

Dynamics Innovations implements reasonable administrative, technical and organisational measures to protect customer information.
Customers remain responsible for:

  • Microsoft Entra ID security
  • User permissions
  • Device security
  • Network security
  • Data governance

9. Availability

We aim to provide continuous availability of the Service.
However, availability is not guaranteed and may be affected by:

  • Planned maintenance
  • Microsoft platform outages
  • Internet connectivity
  • Third party services
  • Events beyond our reasonable control

10. Support

Support is provided in accordance with the purchased support plan.
Support may include:

  • Email support
  • Product updates
  • Bug fixes
  • Documentation
  • Feature enhancements at our discretion

11. Intellectual Property

All intellectual property rights in the Software remain the exclusive property of Dynamics Innovations Pty Ltd.
These Terms do not transfer ownership of the Software.

12. Confidentiality

Both parties agree to protect confidential information received from the other party.
Confidential information shall not be disclosed except where required by law.

13. Warranties

The Software is provided on an “as is” and “as available” basis.
To the maximum extent permitted by law, Dynamics Innovations disclaims all warranties including implied warranties of merchantability, fitness for a particular purpose and non infringement.

14. Limitation of Liability

To the fullest extent permitted by law:

  • Dynamics Innovations will not be liable for indirect, incidental, consequential or special damages.
  • Our total aggregate liability shall not exceed the fees paid by the Customer during the twelve months preceding the claim.

Nothing in these Terms excludes liability which cannot legally be excluded.

15. Customer Data and Data Ownership

The Customer retains all right, title and interest in and to all Customer Data processed through the Software.
All Customer Data, including user information, business data, configuration data, and usage records, remains within the Customer’s Microsoft environment, including but not limited to Microsoft Dataverse, Microsoft Dynamics 365, Microsoft Power Platform, Microsoft Entra ID and Microsoft Azure services owned or controlled by the Customer.
Dynamics Innovations does not acquire any ownership rights in Customer Data.
The Software is designed to process Customer Data solely within the Customer’s Microsoft environment and does not copy, transfer or permanently store Customer Data on infrastructure owned or managed by Dynamics Innovations.
The Customer is solely responsible for the accuracy, integrity, security, backup and retention of its Customer Data.

16. Privacy and Data Processing

Dynamics Innovations has been intentionally designed with a privacy first approach.
The Software does not store Customer Data or personally identifiable information on Dynamics Innovations infrastructure.
Any processing performed by the Software occurs within the Customer’s Microsoft tenant using permissions granted by the Customer.
Dynamics Innovations does not access Customer Data unless expressly authorised by the Customer for the purpose of providing technical support or resolving a reported issue.
Where temporary access is granted by the Customer for support purposes, such access will be limited to the minimum necessary and revoked once the support activity has been completed.

17. Microsoft Services and API Usage

The Software integrates with Microsoft services, including Microsoft Dynamics 365, Microsoft Dataverse, Microsoft Power Platform and Microsoft Entra ID.
The Software accesses Microsoft services only using authentication and permissions granted by the Customer
Dynamics Innovations does not collect, replicate or maintain copies of Customer Data retrieved through Microsoft APIs.
The Customer acknowledges that continued operation of the Software depends on the availability of Microsoft’s services and APIs and compliance with Microsoft’s licensing requirements
Any interruption, modification or discontinuation of Microsoft services is outside the control of Dynamics Innovations.

18. Trial Licence

Where the Software is provided as a trial, evaluation or proof of concept, it is supplied solely for assessment purposes.
Trial licences may include restrictions on functionality, duration or support.
Dynamics Innovations may modify, suspend or terminate a trial licence at any time without prior notice.
Upon expiry of the trial period, continued use of the Software requires the purchase of an appropriate subscription.

19. Service Availability

Dynamics Innovations will use commercially reasonable efforts to make the Software available to Customers.
The Software may occasionally be unavailable due to planned maintenance, emergency maintenance, Microsoft platform outages, internet connectivity issues or circumstances beyond the reasonable control of Dynamics Innovations.
Unless expressly agreed in a separate Service Level Agreement, Dynamics Innovations does not guarantee uninterrupted or error free operation of the Software.

20. Support Services

Support services are provided in accordance with the Customer’s purchased subscription or support agreement.
Support may include:

  • Product updates
  • Bug fixes
  • Technical assistance
  • Documentation updates
  • Minor product enhancements

Feature requests and new functionality will be considered at the sole discretion of Dynamics Innovations.

21. Security

Dynamics Innovations develops and maintains the Software using industry recognised secure development practices.
Because Customer Data remains entirely within the Customer’s Microsoft environment, the Customer is responsible for:

  • Microsoft tenant security
  • Microsoft Entra ID configuration
  • User authentication
  • Role based security
  • Conditional Access policies
  • Microsoft licensing compliance
  • Data governance
  • Backup and disaster recovery

Dynamics Innovations is not responsible for security incidents arising from the Customer’s Microsoft environment, third party integrations or user misconfiguration.

22. Data Residency

Customer Data remains within the geographic region and Microsoft tenant selected and managed by the Customer.
Dynamics Innovations does not transfer Customer Data to external systems or infrastructure under its control.
The Customer is solely responsible for ensuring that its Microsoft environment complies with applicable data residency, privacy and regulatory requirements.

23. Telemetry

The Software may generate limited technical telemetry necessary to verify licensing, diagnose software issues and maintain product reliability.
Such telemetry does not include Customer business data, user generated content, documents, records or personally identifiable information beyond what is strictly necessary for software operation.
Dynamics Innovations will not sell, disclose or otherwise commercialise any telemetry information.

24. Service Level Agreement

Unless otherwise agreed in writing, no specific service levels or uptime guarantees apply.
Where a separate Service Level Agreement has been executed between Dynamics Innovations and the Customer, the terms of that agreement will prevail in relation to service availability and support commitments.

25. Changes

We may update these Terms from time to time.
Material changes will be published on our website.
Continued use of the Software constitutes acceptance of the updated Terms.