Terms of Service

Effective date: August 19, 2020

These terms of service (the “Terms of service”) govern your use of doit’s service (the “Service” as defined below). By accepting the Terms of service, an agreement is entered into by you (“you”) and Yxagon AB, company registration number 559217-2943 having its registered address at c/o CONLEGA, Box 160, 101 23 Stockholm (“we” or “us”).

The Service is provided through our application (the “App”) and our webpage https://doit.io (the “Webpage”). By using the Service or creating a user account with us you accept these Terms of service. If you do not agree to these Terms of service, please do not use the Service provided by us.

If you are under the age of 18, you must have parental consent to use the Service and to accept the Terms of service.

THE SERVICE

The Service is a digital tool for planning, keeping notes and documents. The Service enables you to create a personal account where you can create notes, structure ideas, plan your projects and tasks, based on the data you choose to input to the Service. The Service also enables you to share content from your account with other users of the Service and non-users (non-users can only view the content) when you provide non-users with a link to the content (“Sharing of content”). Such Sharing of content can be withdrawn at any time by you. The Service is provided as a cloud-based service.

The Service is provided as a freemium model, where the basic level of the Service is provided to you at no cost, while there is a premium model and a workspace model based on monthly subscription fees.

We retain the right, in our sole discretion, to modify the Service and implement any new elements as part of the Service, including changes what may affect the previous mode of operation of the Service (“Changes”). Our goal is that any such Changes will improve the Service.

Everyone using our Service is, in these Terms of service, referred to as “Users or you”, a definition which also includes you as a party to this contract that you have entered into by accepting these Terms of service.

LICENSE

Provided that you accept and adhere to these Terms of service, you are granted a non-exclusive, non-transferable, revocable license to download, install and use the App in minified or object code form on a device which you own or have access to, in order to use the Service for its intended purpose.

You will not receive any other license to use the above intellectual property rights except as expressly provided in these Terms of service.

You understand and accept that content posted on the Service may belong to third parties, and that we have no control over such content. You subsequently understand and accept that we cannot be held liable for such content supplied by third parties and presented or made available within the scope of the Service.

We do not grant you or anyone else permission to copy or alter the App in whole or in part. You, or a third party, may not without our consent develop, add to, decompile or make reverse engineering on the App or its components. It is not allowed to re-create the source code or its functionality, or make copies of the software, other than as expressly permitted by mandatory law.

You may not use the Service to distribute viruses, trojans or similar programs. We do not allow automatic reading of the Service.

All intellectual property rights in the App, or in any other part of the Service, belongs to or are disposed of with license by us. Nothing in these Terms of service shall be construed as a transfer of any intellectual property right or any other right to you. You are only given the limited license as described above.

USERNAME AND PASSWORD

In order to use the Service, you will have to create a user account (the “User account”) and sign into it. Instructions on how to create a User account are set forth on the Webpage.

You may choose a username and a password, but you may also use your Google account, as set forth in the Service from time to time, to sign in to your user account on the Webpage and the App. If you choose to create a new user account, the username and password which you choose must not be: harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right or invasive of personal privacy rights. We have the right to change your username if it, in our opinion, violates these Terms of service.

When creating your user account, you will be asked to submit certain information about yourself. Please read our privacy policy before you start using the Service. You can find the privacy policy. Do not use the Service if you do not accept the privacy policy.

If you use another account to access your user account with us, for example your Facebook-account, you authorize us to collect your authentication information, such as your username, encrypted access credentials, and other information that may be of interest to transfer from the other service. Such transferred information will be treated in accordance with our privacy policy, and described therein.

Your account is personal and you are not allowed to transfer your account to any third party or to allow a third party to use the Service through your user account. You are responsible for protecting your login information from access by unauthorized persons. If you have reason to believe that any third party has gained access to your user account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your user account if we have reason to believe that any third party has gained unlawful access to your user account.

Please note that if your account is left inactive during a period of 90 consecutive days, we have the right to make your account “invisible”, meaning that all account information is saved, but the account is de-activated and needs to be activated for you to be able to use it again. Additionally, if your user account is left inactive during a period of 365 consecutive days, we have the right to cancel your user account permanently.

YOUR USE OF THE SERVICE

We do not want the Service to be used for anything other than its intended purpose. Your use of the Service may only be in accordance with its intended purposes, as described above. If you do not accept this, we ask you not to use the Service.

USER-GENERATED MATERIAL

You may upload content such as written notes, comments, messages, tasks, files, documents, photos, and other material ("User-generated Material") to the Service. You agree and warrant that you will not distribute or upload any User-generated Material to the Services which:

  • is false, misleading, untruthful or inaccurate,
  • promotes or encourages illegal activity,
  • is racially or ethnically offensive and/or constitutes agitation against a minority (such as a national or ethnic group),
  • constitutes defamation, contains pornography or is in any other way sexually explicit,
  • attacks sexual orientation or religion or is discriminating in any other way,
  • constitute insult or persecution of a person,
  • is in any way harmful, abusive, offensive or illegal or which infringes the rights of any third party (such as including but not limited to copyright and trademarks), or
  • otherwise contradicts the Service's intended purposes.

OUR POSITION WITH REGARD TO USER-GENERATED MATERIAL

We will not tolerate any message we consider inappropriate, illegal, or unethical. We reserve the right to, at our sole discretion, remove User-generated Material that we deem inconsistent with these Terms of service or as we in any other way consider unfair, unethical, or illegal and that may be harmful to us or the Users of the Service.

If you encounter any User-generated Material that you believe infringes these Terms of service, or receive messages from other Users that are abusive or inappropriate in any way, or if you have any other reason to believe that our services are used for illegal purposes or for purposes that are not in accordance with these Terms of service, please contact us at privacy@doit.io, or Yxagon AB c/o Conlega Box 160 101 23 STOCKHOLM Sweden

INTELLECTUAL PROPERTY RIGHTS TO USER-GENERATED MATERIAL

Ownership of all User-generated Material belongs to you, or the third party that owns the intellectual property rights to such User-generated Material. You hereby give us a worldwide, perpetual, non-exclusive, gratuitous and transferable right to possess, process, store, share, distribute, stream, transmit, playback, transcode, copy, present, display and otherwise use the User-generated Material to provide the Service to you, or any of our current or future products or services as well as continue developing the Service.

You warrant that you have all the necessary rights to show and upload User-generated Material, to use the User-generated Material in all other ways, and to grant us the license to the User-generated Material as described above.

OUR POSITION WITH REGARD TO USER-GENERATED MATERIAL

Ownership of all User-generated Material belongs to you, or the third party that owns the intellectual property rights to such User-generated Material. You hereby give us a worldwide, perpetual, non-exclusive, gratuitous and transferable right to possess, process, store, share, distribute, stream, transmit, playback, transcode, copy, present, display and otherwise use the User-generated Material to provide the Service to you, or any of our current or future products or services as well as continue developing the Service.

You warrant that you have all the necessary rights to show and upload User-generated Material, to use the User-generated Material in all other ways, and to grant us the license to the User-generated Material as described above.

NETWORK FEES AND ACCCESS

You are responsible for securing your access to the network necessary to use the Service. There may be additional costs for e.g. transfers of data and messaging services. These costs are not paid by us. Furthermore, you are responsible for obtaining and keeping the necessary hard- or software up to date to access and use our Service.

PAYMENT AND COOLING-OFF PERIOD

If you register for any of our paid subscriptions; the Premium model or the Workspace model, you will i) pay a subscription fee in advance on a monthly or yearly basis or some other recurring interval disclosed to you prior to your purchase; or ii) pre-payment giving you access to the specific Service for a certain time period. We may change the price for paid subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change.

If you register for a paid subscription; you may change your mind for any reason and receive a full refund of all money paid within fourteen (14) days after your purchase of the specific Service (the “Cooling-off Period”). You agree that the Cooling-off Period is available for fourteen (14) days after your purchase but is lost once you use the Service during that period.

Unless your paid subscription has been purchased for a pre-paid period, your payment to us will automatically renew at the end of the applicable subscription period, unless you cancel your paid subscription before the end of the then-current subscription period by downgrading your subscription to free from your account or contacting our support.

CUSTOMER SUPPORT

When using Our Services, Customer support is offered to you if you are using the Premium or Workspace model. For the Starting Up model, no Customer support or other support is offered.

FEEDBACK

Any feedback, ideas, comments you provide to us regarding the Services or any suggested improvements thereto (“Feedback”) is given entirely voluntarily, and we are free to use, disclose, reproduce, license or otherwise distribute, and exploit Feedback provided to it as it sees fit, without obligation or restriction of any kind to you. Any given Feedback does not grant you any rights, title, ownership, or interest in the Service.

PROCESSING OF PERSONAL DATA

We process personal data received in connection with the use of the Services. The personal data processing is made in accordance with our privacy policy.

DISCLAIMER OF WARRANTY

The Service, including the Webpage and the App, is provided ‘as is’ without warranties of any kind. Your use of the Service is solely your responsibility and at your own risk. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, qualification for any particular purpose, suitability or accuracy of the Webpage, App, or the Service.

We recommend you not to rely on the Service for a purpose which is of high importance to you or which you consider intolerable if not met, since there may be situations where the Service will not be available, due to, but not limited to, maintenance and circumstances beyond our control. In addition, we reserve the right to modify or discontinue providing the Service, at our sole discretion. To the extent permitted under mandatory law, we are not liable to you or any third party for any direct, indirect or other damages of any kind, including but not limited to, lost profits, loss of income, loss of revenue, business interruption or loss of goodwill arising out of, or in connection with, these Terms of service or the inability to use the Service. We are not responsible to you for any third party claims made against you. Our total liability to you in connection with the Service, for any injuries, losses, and legal actions, shall under no circumstances exceed the commission fee charged by us on the transactions made by you through the Service.

INDEMNITY AND LIMITATION OF LIABILITY

You are liable for any damages inflicted on us, or any third party, due to your breach of these Terms of service, including but not limited to the misuse of the Webpage, the App and/or the Service and unfair marketing. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses incurred by us in relation to your breach of these Terms of service or other applicable law.

Should any User-generated Material infringe a third party’s intellectual property right, you agree to immediately remove all infringing parts of the User-generated Material and indemnify us from all damages, costs and expenses incurred by us as a result of such infringement.

CHANGE OF TERMS AND TERMINATION OF SERVICES

We have the right to make changes and updates to these Terms of service, in order to keep the Service up to date with the latest developments and improvements, or to reflect changes in laws or guidelines issued by regulators imposing obligations on us. We will give you such information by posting the updated Terms of service including the date of updates here or by email to the email address provided by you. By continuing using the Service, you are deemed to accept the updated Terms of service.

You have the right to terminate your user account and remove your content from the Service at any time and without prior notice.

We have the right to suspend your access to the Service with immediate effect if we have reason to believe that you are violating these Terms of service. Furthermore, we reserve the right to modify, discontinue, temporarily or permanently cease providing the Service at any time without prior notice, on our own discretion, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.

TRANSFER

You may not assign or transfer any rights, obligations or licenses as provided in these Terms of service. We may assign and transfer our rights under these Terms of service without your consent and without notice to you.

APPLICABLE LAW AND DISPUTES

These Terms of service shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.

Any dispute or claim arising out of or in connection with these Terms of service, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.

Nothing in these terms and conditions, including this clause about applicable law and disputes, affects your rights as a consumer to rely on such mandatory provisions of local law. If you are resident in the EEA or Switzerland, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

LINKS TO OTHER WEBSITES OR SERVICES

Our Service may contain links to third party web sites or services that are not owned or controlled by Yxagon AB. Our Service may also allow you to import or interface with third party applications or services.

Yxagon AB has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Yxagon AB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit or interact with.

ARBITRATION AND CLASS ACTION WAIVER

You and Yxagon AB agree not to bring any dispute in arbitration on a class basis. Accordingly, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class action ("Class Action Waiver"). The Class Action Waiver shall be severable from this Agreement in the event it is found unenforceable. Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, revocable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure the individual action proceeds in arbitration.

WARRANTIES AGAINST APPLE INC

The parties to this agreement, we and the Users, hereby clarifies the following in relation to Apple Inc. ("Apple"):

  • That we and the Users are the only parties to this Agreement;
  • That we are responsible for the Service, the App and all content therein. We carry all responsibility for the maintenance, support and service of the Service or any technical equipment used to enable the provision of these. Claims that directly or indirectly depend on such grounds may only be directed against us, and not against any third party.
  • That all demands or claims arising directly or indirectly from the use of the Service and which might be directed against us, only shall be directed against us. Apple is not in any way liable to respond to these demands or claims, if these are directed against Apple.
  • That we, and not Apple, are solely responsible to investigate, defend, settle or secure liability in the event of any third party claims, based on the Service or infringements of any third party's intellectual property rights caused by use of the Service.
  • The User guarantees and ensures that you are not located in a country subject to an embargo issued by the US government, or has been designated by the US as a "terrorist supporting" country and that you are not on any of the US government's list of prohibited or restricted parties.
  • That these Terms of service creates rights for Apple to apply these Terms of service directly against you, regardless of our participation. In addition to the third-party rights given to Apple, these Terms of service will not give any third-party rights to any other natural or legal person.

CONTACT US

You may contact us regarding the Service or these Terms at Yxagon AB, c/o CONLEGA, Box 160, 101 23 Stockholm, or via email to privacy@doit.io