Terms & Conditions

Effective: 12/6/2025

Overview

The following Terms govern your use of Data Plus, Inc.’s website and associated services, including our web interface located at www.dphs.com (the “Site”) and any related services, features, content, or applications offered by Data Plus (collectively, the “Services”).

These Terms of Service (the “Terms”) are a binding contract between you and Data Plus, Inc., a Massachusetts corporation (“Data Plus,” “we,” “us,” or “our”). You must agree to and accept all of the Terms, or you do not have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

These Terms include the provisions in this document, as well as those in our Privacy Policy (available at www.dphs.com/privacy-policy), and any other terms, policies, or guidelines we may reference or incorporate from time to time. agree to be bound by this Privacy Policy. If you do not agree with our policies and practices, please do not use our Services.

IMPORTANT: THESE TERMS CONTAIN AN ARBITRATION PROVISION. BY AGREEING TO THESE TERMS, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS SHALL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION LAWSUIT.

You acknowledge and agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Data Plus, superseding all previous written and oral agreements relating to the subject matter of these Terms.

You acknowledge that you are not an employee, agent, partner, or joint venture of Data Plus and do not have authority to bind Data Plus in any respect.

Eligibility to Use Our Services

To access or use Data Plus Services, you must be able to form a legally binding contract with Data Plus. You represent and warrant that you are of legal age to form a binding contract. If you accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Ages 18 and Over Only. The Site and Services are intended for those ages 18 and over. If you are under 18 years of age, please do not use our Services.

In accordance with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), Data Plus will never knowingly solicit nor accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Policy for more information, including how to notify us of any concerns in this regard.

You will only use the Services for lawful purposes and in a manner that complies with all applicable laws and regulations. If your use of the Services is prohibited by applicable laws, or if you are subject to economic sanctions by the United States, you are not authorized to use the Services.

Data Privacy

Data Plus takes the privacy of our users seriously. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, available at www.dphs.com/privacy-policy, which is incorporated into these Terms by reference.

Description of Services

Data Plus provides cloud-based hospitality accounting and financial management software designed specifically for hotels, resorts, and hospitality organizations. Our Services include DP Finance, DP Pay, DP Supply, DP Connect, and DP Invoice. The Services consist of web-hosted applications and user interfaces accessible through the Site.

You understand that your use of the Services is at your own discretion and risk. Data Plus is not responsible for the results of transactions you conduct or business decisions you make using the Services.

Your Use of Services

Your access to and use of the Site and Services may be interrupted from time to time due to third-party failures outside our control (such as unavailability of general Internet infrastructure), or for periodic updating, maintenance, or repair. While we will make reasonable efforts to make the Services available to you, we do not guarantee that they will be available at all times.

You agree that Data Plus may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising, or marketing materials. Any use of your personal information in connection with such feedback will be subject to our Privacy Policy.

Restriction on Use

You represent, warrant, and agree that you will not use the Site or Services in a manner that:

Circumvents, removes, alters, deactivates, degrades, or thwarts any technological measure or content protections of the Services.

Infringes or violates the intellectual property rights or any other rights of anyone else (including Data Plus);
Violates any law, regulation, or these Terms;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of Data Plus or any user’s account;
Attempts to obtain account or security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs any form of auto-responder, “spam,” or processes that interfere with the proper working of the Services or place an unreasonable load on our infrastructure;
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of the Services (through manual or automated means);
Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas of the Services; or
Circumvents, removes, alters, deactivates, degrades, or thwarts any technological measure or content protections of the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Electronic Notifications

Data Plus may provide automatic notifications and voluntary service-related communications via email or through the Services. By using the Services, you consent to receive such electronic communications. You may opt out of non-essential communications at any time, subject to our Privacy Policy.

Assumption of Risk

By using our Services, you acknowledge and accept that there are risks associated with using Internet-based services. You agree and understand that you:

Have the necessary technical expertise to evaluate the security, integrity, and operation of the Services;
Have the knowledge, experience, and professional advice to make your own evaluation of the merits, risks, and applicable compliance requirements of using our Services; and
Accept the inherent risks of Internet-based technology and agree that Data Plus will have no responsibility or liability for such risks.

You take responsibility for all activities and transactions that occur in connection with your use of our Services and accept all risks and consequences to the maximum extent permitted by law.

Intellectual Property

Your right to access and use the Services is personal to you and is not transferable. You are only entitled to access and use the Site and Services for lawful, internal business purposes. Subject to your compliance with these Terms, Data Plus grants you a personal, worldwide, non-assignable, non-sublicensable, non-transferable, and non-exclusive license to access and use the content provided as part of the Services.

The materials displayed or available through the Services, including text, graphics, data, articles, photos, images, illustrations, software, and other content (collectively, “Content”), are protected by copyright and other intellectual property laws. You agree to abide by all copyright notices, trademark rules, and restrictions contained in any Content, and you will not use, copy, reproduce, modify, publish, distribute, or exploit any Content not owned by you without prior consent of the owner or in violation of these Terms.

Data Plus Retains All Rights

Except for integrations with or links to third-party applications, the Services, all Content, and all intellectual property rights related to the Services (“Data Plus Content”) are the property of Data Plus and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit Data Plus Content without our permission.

Data Plus, the Data Plus logo, DP Finance, DP Pay, DP Supply, DP Connect, DP Invoice, and other Data Plus names and logos are trademarks of Data Plus. You agree not to display or use these marks without Data Plus’s prior written consent. All rights are reserved.

Copyright Policy (DMCA)

Data Plus respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), we will respond to claims of copyright infringement committed using the Site.

If you are a copyright owner, or authorized to act on behalf of one, please report alleged copyright infringements by delivering a DMCA Notice to our Designated Copyright Agent:

Data Plus, Inc. — Copyright Agent

55 Middlesex St. Suite 219

N. Chelmsford, MA 01863

Email: legal@dphs.com

Your DMCA Notice must include: (a) identification of the copyrighted work; (b) identification and location of the infringing material; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; (e) a statement under penalty of perjury that the information is accurate; and (f) your physical or electronic signature.

Third-Party Services and Websites

The Services may integrate with or contain links to third-party websites, applications, or services (“Third-Party Services”), including property management systems, banking services, payment processors, and other hospitality technology platforms. Your use of Third-Party Services is at your own risk and is governed by the terms and policies of those third parties.

Data Plus is not responsible for Third-Party Services and makes no warranties regarding their availability, accuracy, or security. The inclusion of any link or integration should not be construed as an endorsement. We encourage you to read the terms and privacy policies of any Third-Party Services you access.

By using the Services, you release and hold Data Plus harmless from any liability arising from your use of Third-Party Services. If there is a dispute between you and any third party, Data Plus is under no obligation to become involved.

Suspension and/or Termination

You may discontinue your use of the Services at any time. Data Plus may terminate or suspend your access to the Services at any time, for any reason, including if we reasonably believe you have violated these Terms. Data Plus has the sole right to determine whether you are in violation of these Terms.

Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

Data Plus shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

Disclaimer of Warranty

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DATA PLUS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE INFORMATION OR MATERIALS AVAILABLE THROUGH THE SERVICES.

DATA PLUS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DATA PLUS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT DISPLAYED OR DISTRIBUTED THROUGH THE SERVICES.

DATA PLUS DOES NOT GUARANTEE THAT THE SERVICES OR MATERIALS DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES, WORMS, OR OTHER DESTRUCTIVE FEATURES. IF YOU RELY ON THE SERVICES AND ANY MATERIALS AVAILABLE THROUGH THE SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

Limitation of Liability

DATA PLUS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES, PROFITS, BUSINESS, OR DATA, IN ANY WAY RELATED TO THE SITE OR SERVICES OR FOR ANY CLAIM, LOSS, OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL DATA PLUS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (B) ANY AMOUNT IN THE AGGREGATE EXCEEDING $100.00, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold Data Plus, our affiliates, officers, agents, employees, and partners harmless from any claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising from or related to: (a) your use of the Services; (b) your violation of these Terms or applicable law; or (c) your violation of any third-party rights.

Data Plus reserves the right to assume exclusive defense of any claim for which we are entitled to indemnification, and you agree to cooperate with our defense of such claims.

Dispute Resolution

ARBITRATION CLAUSE & CLASS ACTION WAIVER — IMPORTANT — PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND DATA PLUS REGARDING YOUR RELATIONSHIP WITH US, INCLUDING DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SITE, AND RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S COMMERCIAL ARBITRATION RULES. YOU AND DATA PLUS HEREBY EXPRESSLY WAIVE TRIAL BY JURY.

However, Data Plus may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Massachusetts to protect its intellectual property rights.

To begin arbitration, send a letter requesting arbitration and describing your claim to:

Data Plus, Inc.

Attn: Legal Department

55 Middlesex St. Suite 219

N. Chelmsford, MA 01863

Alternatively, you may bring your claim in small claims court if permitted and within that court’s jurisdiction.

Class Action Waiver. YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. BY AGREEING TO THIS CLAUSE, YOU AND DATA PLUS ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM.

You agree that any claim or cause of action arising from your use of the Services must be filed within one (1) year after such claim arose or be forever barred.

Opt-Out. If you do not want to arbitrate disputes with Data Plus, you may opt out by sending an email to legal@dphs.com within thirty (30) days of first accessing the Services.

Governing Law

Under California Civil Code Section 1789.3, California users receive the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Changes to These Terms

Data Plus is constantly working to improve its Services, and these Terms may need to be updated. We reserve the right to change these Terms at any time. Updates will be posted on the Site at www.dphs.com. We may also suspend or discontinue any part of the Services, introduce new features, or impose limits on certain features.

If you do not agree with updated Terms, please discontinue your use of the Services. Your continued use after changes are posted means you agree to the updated Terms.

These Terms may not be transferred or assigned by you but may be assigned by Data Plus without restriction.

Miscellaneous

Entire Agreement. These Terms, including our Privacy Policy, constitute the entire agreement between you and Data Plus regarding the Services, superseding any prior agreements.

Assignment. You may not assign or transfer these Terms without our prior written consent. Data Plus may assign these Terms without restriction.

Waiver and Severability. The failure of Data Plus to enforce any provision shall not constitute a waiver of that provision. If any provision is found invalid or unenforceable, it shall be reformed to the minimum extent necessary, and the remaining provisions shall continue in full force.

Notices. Data Plus may provide notices regarding changes to these Terms or the Services by posting on the Site or via email.

Limitation on Claims. Any claim concerning the Services must be brought within one (1) year after the claim arises, or it is barred.

Legal Compliance. You agree that Data Plus may comply with subpoenas or legal requests from courts or government agencies, which may require disclosure of your information without your consent or prior notice.

Contact Information

For questions, comments, or to report Terms of Service violations, please contact us:

Data Plus, Inc.

103 Autumn Ridge Road

Ayer, Massachusetts 01432

Email: legal@dphs.com

Phone: (978) 888-6300

Website: www.dphs.com