Previous Policies
May 25, 2018
Privacy Policy
Dimagi’s Privacy Policy will be changing effective May 25, 2018. Click here to review our new privacy policy.
This notice describes the privacy policy of Dimagi Inc and its affiliate entities, Dimagi South Africa (PTY) LTD and Dimagi Software Innovations, Pvt. Ltd (“Dimagi,” “we”, “us”, or “our”). The purpose of the Privacy Policy is to detail our information practices including the types of information we gather about you when you conduct business with Dimagi, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct that information. By using and visiting our website you agree to this Privacy Policy.
1. What Information We Collect
This Privacy Statement covers the information practices of Web sites that link to this Privacy Statement, including: www.commcarehq.org.
When registering to use its services or products, Dimagi requires you to provide your personal contact information, such as name, company name, address, phone number, and email address (“Contact Information.”) When purchasing services or products, Dimagi may require you to provide financial qualification and billing information, such as billing name and address, credit card number, and the number of employees that will be using the product or services (“Billing Information”). Dimagi may also ask you to provide additional information, such as company annual revenues, number of employees, or industry (“Optional Information”). Required Contact Information, Billing Information, and Optional Information about Customers are referred to collectively as “Data About Dimagi Customers.”
As you navigate the Company’s Web sites, Dimagi may also collect information through the use of information-gathering tools, such as cookies and Web beacons (“Website Navigational Information”). These tools collect standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Company’s Web sites (such as the Web pages viewed and the links clicked).
Dimagi’s Web Sites use information from your devices to analyze traffic through our analytics partners, including Google Analytics, Kissmetrics, Hubspot, and Fullstory. Please see the following for more information:
- www.google.com/policies/privacy/partners/
- www.kissmetrics.com/privacy
- legal.hubspot.com/privacy-policy
- fullstory.com/legal/privacy
2. How We Use Your Information
The Company uses Data About Dimagi Customers to perform the services requested. For example, if you fill out a “Contact Me” or “Submit a Bug” Web form, the Company will use the information provided to contact you about your request.
Dimagi uses Web Site Navigational Information to operate and improve the Company’s Web sites. Dimagi uses cookies to make interactions with the Company’s Web sites easy and meaningful. When you visit one of the Company’s Web sites, Dimagi servers send a cookie to your computer. Standing alone, cookies do not personally identify you; they merely recognize your Web browser. Unless you choose to identify yourself by responding opening an account or filling out a Web form, you remain anonymous to the Company. Dimagi uses cookies that are session-based and persistent-based. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that if you disable your Web browser’s ability to accept cookies, you will be able to navigate the Company’s Web sites, but you will not be able to successfully use the Services.
3. Sharing Your Information
Dimagi will not share your Data, except for with our service providers or agents for the purposes described in section 2 above or as otherwise consented to by you.
Compliance with the law: We may release account and other personal information to comply with applicable law, for reasons relating to national security, or to protect the rights, property, or safety of Dimagi (and our employees), our users, or others. Such release includes responding to subpoenas and compliance with court orders and legal requests.
4. Accessing and Changing Your Information
Dimagi seeks to ensure that your information and preferences are accurate and complete and you have the right to change your information. If you wish to do so, let us know by sending an e-mail with your name to
You also have a right to access your personal data in our possession. To obtain a copy of the personal information we hold about you, please send an email to
5. Protecting Your Information
Dimagi acknowledges your trust and is committed to protecting the nformation you provide to us. To prevent unauthorized access, maintain accuracy, and ensure proper use of information, we have employed physical, technical, and administrative processes to safeguard and secure the information we collect.
You can help further protect your information by using a secure web browser and by changing any access passwords regularly.
6. Changes to This Privacy Policy
We may revise this Privacy Policy from time to time in our sole discretion. In the event of any such changes, the amended Privacy Policy will be posted on our website along with a notice of such changes. You will be deemed to have accepted such amended Privacy Policy upon such posting (provided that any such amendments will not affect any limitations you have placed on our use of your personal information). Accordingly, you are advised to check this Privacy Policy (and our website for amendment notices) from time to time. We will of course notify you of any changes where we are required to do so.
7. Other Links
From time to time this website may contain links to other websites owned by non-Dimagi affiliated entities. When you click on these links, you enter another website. Dimagi is not responsible for the content, operation or privacy practices of any such websites. In particular, unless expressly stated, Dimagi is not an agent for these sites, nor is it authorized to make representations on their behalf.
8. Other Information
Dimagi or its related entities could merge with or be acquired by another business entity, or another entity’s respective assets could be acquired. Should such a merger or acquisition occur, Dimagi would likely share some or all of your personally Identifiable Information so that the surviving entity could continue serving you. By providing your Personally Identifiable Information you agree that we may transfer such information to the acquiring entity without your further consent, although we will provide notice of any such combination or acquisition on our website.
9. Contact Us
If you have any questions or concerns about our use of your information or about this Privacy Policy, please send an e-mail to
Dimagi, Inc.
585 Massachusetts Ave, Suite 3
Cambridge, MA 02139
End User License Agreement
Effective May 25, 2018, all services previously governed by the End User License Agreement (EULA) and Product Subscription Agreement (PSA) will automatically transition to our new terms.
ATTENTION: PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY CLICKING THE “ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT YOU: HAVE READ AND UNDERSTOOD THE EULA; ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND HAVE THE LEGAL AUTHORITY TO ACCEPT THE EULA; AND AGREE TO BE LEGALLY BOUND BY THE EULA. IF YOU DO NOT ACCEPT THE EULA, YOU ARE NOT PERMITTED TO USE THE SOFTWARE OR RELATED MATERIALS. THIS IS A LEGALLY BINDING AGREEMENT.
Thank you for reviewing this End User License Agreement (“EULA“), which creates a legal agreement between you (“you” or “your“) and Dimagi Inc. (“Dimagi“, “we“, “us” or “our“) for use of the Mobile Platform and the Server Platform (collectively, the “Software“). By clicking the “Accept” button to acknowledge your agreement, or by installing, copying, downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the Software.
We may from time to time revise this EULA (including by moving or deleting portions of, or adding to, the terms that govern your use of the Software). Dimagi will notify all users of any revisions to the EULA. Your use of the Software following any changes constitutes your agreement to be bound by the EULA. If you do not agree to be so bound, you are not authorized to use the Software.
PRODUCT DESCRIPTIONS AND LICENSES.
The Mobile Platform. The Mobile Platform is a mobile application that allows users to access content, and collect data. The Mobile Platform utilizes several open source libraries, including CommCare, CommCareHQ, Open Data Kit (ODK), JavaRosa, Django, RapidSMS, and CouchDB. The Mobile Platform may also be used under the names CommCare Mobile Platform, CommConnect Mobile Platform, or CommCare Supply Mobile Platform, which enable or disable additional functionality. However, Dimagi maintains the source code, writes nearly all of the source code, and holds a copyright for the entire code base. In substantial part, the Mobile Platform is licensed under the terms of the Apache License, available at www.commcarehq.org/apache_license/ . In the event of any conflict between the terms of the Apache License and Section 1 through Section 10 of this EULA (the “Additional Terms“), the Additional Terms shall govern.
The Server Platform. The Server Platform is a web-based application that allows you to author downloadable customizations, modules and other content (“Applications“), deploy them on mobile devices through the Mobile Platform, and manage users and collected data. The Server Platform may also be used under the names CommCareHQ Server Platform, CommConnect Server Platform, or CommCare Supply Server Platform, which enable or disable additional functionality. Dimagi maintains the source code, writes nearly all of the source code, and holds a copyright for the entire code base. In substantial part, The Server Platform is licensed under the terms of the BSD License, available at www.commcarehq.org/bsd_license/ . In the event of any conflict between the terms of the BSD License and the Additional Terms, the Additional Terms shall govern.
HOSTED SERVICE. Dimagi maintains a multi-tenant cloud environment instance of the Server Platform (the “Hosted Service“). If you choose to use the Hosted Service, Dimagi may charge associated fees with such usage. You acknowledge and agree that you are not permitted to modify, alter or otherwise change the Hosted Service.
DATA OWNERSHIP. Unless otherwise agreed, Dimagi does not claim ownership of any data you may collect, store or otherwise submit through the Software, including any intellectual property rights therein (collectively, “Your Data“). However, by using the Software, you grant Dimagi permission to use Your Data for operational purposes and for improving the Software and the Hosted Service.
- Dimagi may also use Your Data to create aggregate, anonymized data sets (“Data Sets“). Data Sets are not associated with any individual or user account. Dimagi may use Data Sets for public health and research purposes. If you do not consent to the use of Your Data to create Data Sets, please “opt-out” by contacting us at support@dimagi.com and your data will no longer be included as of the date of notification.
- Dimagi will receive, store, access, use and destroy any all Personal Information it acquires under or in connection with this Agreement in compliance with all applicable data protection laws. Dimagi will never share personally identifiable information without your consent unless as required by law.
- For this purpose, “Personal Information” means any personally identifying information, which can be used to identify, describe, locate or contact an individual, including but not limited to such individual’s (a) name or initials; (b) home or other physical address; (c) telephone number; (d) email address or online identifier associated with the individual; (e) social security number or other similar government identifier; (f) employment, financial or health information; (g) information specific to an individual’s physical, physiological, mental, economic, racial, political, ethnic, ideological, cultural or social identity; (h) photographs; (i) dates relating to the individual (except years alone); (j) financial account numbers; (k) genetic material or information; (l) business contact information; and (m) any other information relating to an individual that, alone or in combination, with any of the above, can be used to identify, contact, or locate an individual, either alone or in combination with other easily accessible sources.
YOUR ACCOUNT. You acknowledge and agree that you are responsible for all activity occurring under your account, which includes: (i) your use of the Server Platform; (ii) your use of Applications deployed on mobile devices through the Mobile Platform; and (iii) your use of the Hosted Service, as applicable (collectively, “Your Account“). Should you choose to authorize, delegate or otherwise share control or access of Your Account with other individuals or organizations (“Your Delegates“), you shall assume full responsibility for the activity of Your Delegates. Dimagi is not responsible for, and assumes no liability resulting from any use of Your Account by Your Delegates. You agree that Dimagi reserves the right to adjust the naming of your organizational account (“Your Account Name“) on the Server Platform to avoid end user confusion.
YOUR PROJECT SPACE NAME. The Server Platform enables you to create a project space. You may also associate the Server Platform with your own project space name, which you have registered or will register through the Internet Corporation for Assigned Names and Numbers (“ICANN”). Your use of a project space or “domain” name registered with ICANN is subject to ICANN’s policies, including without limitation, being bound by the terms of the ICANN Uniform Domain Name Dispute Resolution Policy located at http://www.icann.org/udrp/udrp.htm , as it may be amended or relocated from time to time. You agree that Dimagi may in its sole discretion reject or disable any project space you propose before it is published as part of a URL or associated with the Server Platform project space name.
U.S. DIGITAL MILLENNIUM COPYRIGHT ACT. If Dimagi receives a notice alleging that material on Your Project Space Name infringes another party’s copyright, Dimagi may disable that Project Space in accordance with Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act).
APPLICATIONS.
Third-Party Applications. The Exchange is available on the Server Platform and is a digital distribution platform for users to publish and download Applications. Through the Software, you may access Applications developed by third parties that have been published on the Exchange. Such Applications are subject to separate license agreements, the terms of which may differ from this EULA. You should review the applicable license agreements prior to use of any Applications. Unless agreed to separately, you acknowledge and agree that Dimagi is not responsible for, and assumes no liability resulting from your use or misuse of, any Applications.
Your Applications. You are responsible for the content of any Applications that you create, and you represent and warrant that you have appropriate intellectual property rights for any and all content included therein. Dimagi may provide you with the option to distribute your Applications through the Software on the Exchange. Such distribution shall be subject to a separate license agreement between you and third party users of your Applications. Unless agreed to separately, you acknowledge and agree that Dimagi is not responsible for, and assumes no liability resulting from your creation or distribution, of any Applications.
NO MEDICAL ADVICE. You acknowledge and agree that Dimagi is not a health care provider. The information included within or accessed through the Software, including Applications, is for informational purposes only. The Software and such related content should not be used as a substitute for advice provided by a licensed health care provider. Dimagi is not responsible for, and assumes no liability resulting from any use of the Software contrary to this provision.
NEW VERSIONS. Dimagi may, in its sole discretion, add features or functions or provide bug fixes, patches, updates and upgrades to the Software, including its components, which may be provided automatically. If you do not want to receive such upgrades automatically, you should not use the Software.
MUTUAL INDEMNIFICATION. (1) Dimagi shall not be liable to You for any failures or delays caused by events beyond Dimagi’s control, Your failure to furnish necessary information, sabotage, failure or delays in transportation or communication, failures or substitutions of equipment, labor disputes, accidents, shortages of labor, fuel, raw materials or equipment, or technical failures. (2) Dimagi shall indemnify, defend and hold You harmless from and against any and all claims, demands, causes of action, damages, liabilities, losses, costs and expenses (collectively, the “Claims”), arising out of, incidental to, or resulting directly or indirectly from (a) the breach by Dimagi of its representations, warranties or covenants hereunder; (b) third party claims that the usage of the Software infringes or misappropriates such third party’s intellectual property rights, however arising, except to the extent such infringement is the direct result of Your specific requests to Dimagi; or (c) breaches of Dimagi’s obligation with respect to Personal Information set forth above.
TERM AND TERMINATION. This EULA is effective from the date accepted and continues in effect until terminated. You may terminate this EULA at any time by emailing support@dimagi.com, at which point your license hereunder will terminate. This EULA and the license granted herein will terminate automatically and without notice if you fail to comply with any term or condition of this EULA. Upon termination, you agree to destroy all copies of the Software in your possession. Upon termination of the EULA for any reason, you will have full access to your data for at least a two-week period. Upon your request, Dimagi will delete all data collected through your application from all servers within two weeks of receiving notice. Any provision in this EULA which when reasonably read is intended to survive the termination of this EULA shall survive, including without limitation, any disclaimer of warranties and limitations of liability.
COMPLIANCE WITH LAW. Dimagi makes no representation that the Software or any related content are appropriate or available for use in your locality. You acknowledge and agree that you are responsible for ensuring that your use of the Software, including your use of the Hosted Service, as applicable, complies with all relevant local and international laws.
GOVERNING LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts (excluding the conflict of laws rules thereof). All disputes hereunder shall be resolved in the applicable state or federal courts of Massachusetts. The parties consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available.
ENTIRE AGREEMENT. This EULA (including the terms of either the BSD License or Apache License) sets forth Dimagi’s entire liability and your exclusive remedy with respect to the Software. You acknowledge that this EULA is a complete statement of th e agreement between you and Dimagi with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations or descriptions with respect to the Software. If any provision of this EULA is invalid or unenforceable under applicable law it is deemed omitted and the remaining provisions will continue in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING THE “ACCEPT” BUTTON AND/OR CONTINUING TO ACCESS AND USE THE SOFTWARE, YOU CONSENT TO BE BOUND BY THIS EULA.
Product Subscription Agreement
Effective May 25, 2018, all services previously governed by the End User License Agreement (EULA) and Product Subscription Agreement (PSA) will automatically transition to our new terms.
This Product Subscription Agreement (“Agreement“) sets forth the terms and conditions under which Dimagi’s Software Plans (“Products“) are delivered to the customer (“You“). You represent that You have the authority to bind the organization You represent (“Your Organization“) to these terms and conditions. If you do not have such authority, you must not accept this Agreement, and You may not use the Products. For any and all Products You purchase, any members of Your Organization who use the Products (“End Users“) must agree to the terms of the End User License Agreement, available at www.commcarehq.org/eula. This Agreement was last updated on February 14, 2014. It is effective as of the date You accept this Agreement by clicking “I accept.”
1. Product Terms
1.1. Software Plan. Dimagi offers several software-as-a-service plans under the names “Community,” “Standard,” “Pro,” “Advanced,” and “Enterprise,” as described herein: www.commcarehq.org/pricing. You can find specific details egarding your software plan by clicking on the “Your Account” link. We reserve the right to modify, terminate or otherwise amend our offered software plan at any time.
1.2 Provision of Products. Each Product is provided on a periodic subscription basis, called a “Subscription Term.” Each Subscription Term shall automatically renew until either party gives the other written notice of termination at least 30 days prior to expiration of the Subscription Term. Dimagi grants Your Organization a nonexclusive, non-transferable license to use the Product You Purchase during the Subscription Term solely for your own internal business use. You agree that Your purchase of the Product is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Dimagi regarding future functionality or features.
2. Responsibilities
2.1 Dimagi’s Responsibilities. Dimagi will use commercially reasonable efforts to ensure that CommCareHQ and Your Data are available with a Monthly Uptime Percentage of at least 99% during any billing cycle. Scheduled maintenance, which will occur on weekends and for no more than 8 hours per month, will not be included in this calculation. Dimagi will use commercially reasonable efforts to ensure prompt timelines, troubleshooting, explanations, clarification, or work-around on all issues reported to support@dimagi.com within 1 business day.
“Commercially reasonable efforts” does not refer to any unavailability, suspension, or termination of the Product: (i) that results from execution of a superseding contract; (ii) that is caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems; (iii) that result from any actions or inactions of the customer or any third party.
2.2 Your Responsibilities. You will (a) be responsible for Your Users’ compliance with this Agreement, and will be responsible for the accuracy, quality and legality of Your Data, which is any information of any type which You provide in connection with using the Product, including without limitation information which You input or provide Dimagi for inputting, into the Product. You will also be responsible for a) the means by which You acquired Your Data, (b) using commercially reasonable efforts to prevent unauthorized access to or use of Product, c) notifying Us promptly of any such unauthorized access or use, and (d) using Product only in accordance with this Agreement and applicable laws and government regulations.
2.3 Non-Dimagi Applications. If you install or enable Non-Dimagi Applications for use with the Product, Dimagi shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by Non-Dimagi Application providers.
3. Ownership
3.1 Dimagi. This is a subscription agreement for use of Dimagi’s Product and not an agreement for sale. You acknowledge that You are obtaining only a limited right to the Product and that irrespective of any use of the words “purchase“, “sale” or like terms hereunder no ownership rights are being conveyed to You under this Agreement. You agree that Dimagi retains all right, title and interest (including all patent, copyright, trade secret and other intellectual property rights) in and to the Product, and any and all underlying software (including interfaces), databases (including data models, structures, non-Customer specific data and aggregated statistical data contained therein), technology, reports and documentation (collectively, “Dimagi Technology”). Further, You acknowledge that the Dimagi’s Product is offered as an on-line, hosted solution, and that you have no right to obtain a copy of the Product itself.
3.2. Your Organization. As between the parties, You shall retain all right, title and interest (including any and all intellectual property rights) in the Data as provided to Dimagi. Subject to the terms of this Agreement, You hereby grant to Dimagi a non-exclusive, worldwide, royalty-free right to copy, store, transmit, and display the Data for internal operational, public health, and research purposes as legally permitted under 45 CFR 164.514(e).
4. Billing
4.1 Recurring Billing. By starting your Dimagi software plan, you authorize us to charge you a periodic software plan fee at the then-current rate, and any other charges you may incur in connection with your use of the Dimagi service.
4.2 Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in this agreement, any price changes to your service will take effect following email notice to you.
4.3 Billing Cycle. The software plan fee for our service will be billed at the beginning of your Subscription Term and each calendar month thereafter unless and until you cancel your software plan (See 4.6 Cancellation). Software plan fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, if your payment has not successfully settled.
4.4 Cancellation. You may cancel your Dimagi software plan with 30 days notice by emailing support@dimagi.com. Cancellation is immediate upon Dimagi’s receipt of your request.
4.5 Partial Billing. Dimagi may provide billing over partial periods of the Subscription Term at its discretion. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). You are responsible for paying Dimagi up through the end of the period for which Dimagi has provided its product and/or services.
4.6 Taxes and other Payment Levies and Fees. Taxes and foreign currency exchange fees levied by any financial institution in connection with payments for Products are in addition. You agree to pay all Taxes and foreign exchange fees associated with the purchase and payment of Products hereunder or provide with a valid tax exemption certificate authorized by the appropriate taxing authority.
5. Term and Termination
5.1. Term. This Agreement is effective as of the Effective Date and expires on the date of expiration or termination of any Subscription Term.
5.2. Termination for Cause. Either party may terminate this Agreement (including all related Order Forms) if the other party fails to cure any material breach of this Agreement (including a failure to pay fees) within 30 days after written notice.
5.3. Effect of Termination. Upon termination of this Agreement, your Product will be set to the Community Software Plan, and your license to your previous Subscription plan will be terminated. You agree to destroy all copies of the Software in your possession. Upon termination for any reason, you will have full access to your data for at least a two-week period as per the End User License Agreement, available at www.commcarehq.org/eula. Upon your request, Dimagi will delete all data collected through your application from all servers within two weeks of receiving notice.
6. Limitation of Remedies and Damages
6.1. Limitation of Remedies. Notwithstanding the Confidentiality provisions below, neither You nor Dimagi shall be liable for any loss of use, lost or inaccurate data, failure of security mechanisms, interruption of business, costs of delay or any indirect, special, incidental, reliance, or consequential damages of any kind, including lost profits, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if informed of such damages in advance.
6.2. Entire Liability. Notwithstanding any other provision of this agreement, Dimagi’s and Your entire liability shall not exceed the amount actually paid to Dimagi during the duration of the Subscription Term.
7. Indemnification
7.1 Dimagi’s Indemnification. Dimagi shall indemnify and hold harmless You, Your licensors, affiliates, officers, directors, employees, and agents from and against all third party claims, causes of action, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with Dimagi’s Products infringing upon or violating any intellectual property rights, provided that Dimagi shall have received from You: (i) prompt written notice of such claim (but in any event notice in sufficient time for Dimagi to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement (if applicable) of such claim; and (iii) all reasonable necessary cooperation from You.
7.2 Customer Indemnification. You shall indemnify and hold harmless Dimagi, its licensors, its affiliates, officers, directors, employees, and agents from and against all claims, causes of action, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) violation by You of Your representations and warranties in this Agreement; or (ii) Your breach of any terms of this Agreement, provided that You shall have received from Dimagi: (i) prompt written notice of such claim (but in any event notice in sufficient time for You to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement (if applicable) of such claim; and (iii) all reasonable necessary cooperation of Dimagi.
8. Confidentiality
8.1 Confidential Information. Each party agrees that all code, inventions, know- how, business, technical and financial information it obtains (“Receiving Party”) from the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”). Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of the Receiving Party who had no access to such information; or (v) is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
9. General Provisions.
9.1 Governing Law. This Agreement is governed by the laws of Massachusetts. The parties submit to the non-exclusive jurisdiction of the state and federal courts of Massachusetts.
9.2 Notice. Any notice or communication required or permitted under this Agreement shall be in writing to the parties at the addresses set forth in this Agreement or at such other address as may be given in writing by either party to the other in accordance with this Section and shall be deemed to have been received by the addressee (i) if given by hand, immediately upon receipt; (ii) if given by overnight courier service, the first business day following dispatch or (iii) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail.
9.3 Severability; Entire Agreement. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.
9.4. Assignment. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement except upon the advance written consent of the other party, except that either party may assign this Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of such party’s assets or voting securities. Dimagi Inc. may assign its rights and obligations to its ubsidiary entities Dimagi South Africa (PTY) LTD and Dimagi Software Innovations Pvt. Ltd.
9.5. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
9.6. Analytics Tracking. Dimagi’s Web Sites use information from your devices to analyze traffic through our nalytics partners. Please see www.google.com/policies/privacy/partners for more information.