Billing Policy

Last updated May 6, 2022

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:

• (i) A one-time payment ("Host Payment") for each Host where the application is used,

OR


• (ii) A payment on or around the first of each month ("Usage Payment"), for each Host where the application may have been used during the previous calendar month,

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

• Pricing Page
  
  The Pricing Page is the web page at www.dynimize.com/pricing_1 which is updated from time to time



• Usage Payment Rate
  
  The Usage Payment Rate is the price per second per CPU core used to calculate the Usage Payment, which can be found on the Pricing Page, and is updated from time to time.



• Host Payment Core Cost
  
  The Host Payment Core Cost is the price per CPU core used to calculate the Host Payment, which can be found on the Pricing Page, and is updated fro time to time.



• Licensing Service
  
  The Licensing Service is the service hosted by Dynimize, Inc. which amongst other things performs the bookkeeping required to calculate Host Payments and Usage Payments, and transmits software license key files used to enforce this Billing Policy.



• Host Payment Request
  
  A Host Payment Request is a notification sent from the Host to the Licensing Service when the Application is invoked with the following command line option on that Host:
  -license=fixed



• Start Notification
  
  A Start Notification is a notification sent from the Host to the Licensing Service when the Application is invoked with the following command line option on that Host:
  -license=start



• Stop Notification
  
  A Stop Notification is a notification sent from the Host to the Licensing Service when the Application is invoked with the following command line option on that Host:
  -license=stop



• Start Time
  
  The Start Time is the start of a continuous stretch of time in which the Application may have been used, which is the time the Licensing Service receives a Start Notification.



• Stop Time
  
  The Stop Time is the end of a continuous stretch of time in which the Application may have been used, which is the time the Licensing Service receives a Stop Notification.



• Usage Time
  
  The Usage Time is the number of seconds the Application may have been used over the course of a calendar month. The usage time is equal to the sum of all continuous stretches of time in which the application may have been used over the course a calendar month, where each continuous stretch of time is equal to its Stop Time minus the previous Start Time.



• Core Count
  
  The Core Count is the number of virtual CPU cores provided by the virtual machine the Application is used within, unless the Application is used outside of a virtual machine in which case the Core Count is the number of physical CPU cores that exist on the physical computer of the Host.



• Control Panel
  
  The Control Panel means the web pages that can be used to interact with some aspects of the Licensing Service with respect to your Hosts, which can be accessed by logging into www.dynimize.com/users/login

Licensing Service Usage Without an Internet Connection

When a Host Payment Request, Start Notification, or Stop Notification (collectively, a "License Command") is issued while using the '-offline' option with the Application, a license-command file will be generated on the Host representing the last License Command issued with the '-offline' option. That License Command will only be received by the Licensing Service when you upload that license-command file using the Control Panel.


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 transferable 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.


Promotional Code

Dynimize, Inc. may, at its sole discretion, offer the use of the Application with a discount for a limited period of time using a promotional code ("Promo Code"). Only one Promo Code can be applied to a Host for the lifetime of that Host, and must be provided with either a Host Payment Request or the first Start Notification sent by that Host. A Promo Code cannot be applied to a Host after the first Start Notification has been sent by that Host.

The Promo Code is valid for a limited time, and Dynimize may modify or cancel it at any time.


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:

• By email: info@dynimize.com