Dooinwell

Terms of service

These terms were last modified on November 02, 2020.

This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in our Pivacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THESE TERMS ARE A LEGAL AGREEMENT. BY ACCEPTING THESE TERMS THROUGH A SITE, WEB APP OR MOBILE APP, OR BY ACCESSING AND USING THE SERVICE (INCLUDING THE SITE), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY (SUBJECT TO SECTION (1)(A) BELOW) TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE, SUBJECT TO SECTION (1)(A) BELOW, OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR ACCOUNT AND CEASE ACCESSING OR USING THE SERVICE.AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICE.
AS DESCRIBED BELOW, SECTIONS 4 DESCRIBES IMPORTANT LIMITATIONS OF THE SERVICE, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.

1. Company information
1. COMPANY INFORMATION

Dooinwell is a company based in Paris, France.
Registered address:  10 rue Greneta, 75003 Paris, FRANCE.
Company registration number: 883 538 571 R.C.S. Paris.
VAT number: FR30883538571

2. Use of the Service
2. USE OF THE SERVICE

A. Eligibility -  (i) You may use the Service only if you have the legal capacity to form a binding contract with Dooinwell (except subject to the provisions of clause (1)(A)(ii) below), you accept these Terms through a Site, Web App or Mobile App, or by accessing or using the Service, and only if you are in compliance with these Terms and all applicable local, state/provincial, national and international laws, rules and regulations. Only individuals aged 18 and older are permitted to act as Owners of Dooinwell Accounts. (ii) Any use or access to the Service by individuals under the age of 13 (or the equivalent minimum age in the jurisdiction where you reside) is strictly prohibited and is a violation of these Terms. In the event of a user between the age of 13 (or equivalent minimum age in the jurisdiction where you reside) and the age of 18 (or majority in the jurisdiction where you reside), you warrant that you will only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. (iii) You warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (iv) you warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.

B. Automatic Software Updates -  Dooinwel may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Service. When  not automated, you acknowledge that you may be required to install Updates to use the Service and you agree to install any Updates that Dooiwell provides promptly.

C. Customer Service -  If you have any questions or concerns regarding the Service or these Terms, please contact our customer service at support@dooinwell.app. You understand and agree that customer service and any customer care and support offered and provided by Dooinwell is not a 911 service or dispatch center, an emergency service provider or dispatch service, or a lifesaving solution for people at risk in their home or otherwise. PLEASE DO NOT CONTACT CUSTOMER SERVICE OR ANY CUSTOMER CARE AND SUPPORT OFFERED BY DOOINWELL WITH ANY LIFE/SAFETY EMERGENCY, MEDICAL EMERGENCY, OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, EMERGENCYDEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.

D. Term and Termination -  These Terms will remain in full force and effect as long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, Dooinwell may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if Dooinwell, in good faith, believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules.

E. Effect of Termination -  Upon termination of these Terms, your Account and your right to use the Service will automatically terminate.

3. License to Use the Service
3. LICENSE TO USE THE SERVICE

A. Subject to these Terms, Dooiwell grants you a non-transferable, non-exclusive right (without the right to sub-license) to access and use the Services by (i) installing and using the mobile apps solely on your own handheld mobile device (e.g., iPhone, iPad) and solely for the Permitted Purpose, and (ii) accessing the Sites solely for the Permitted Purpose.

B. Subscriptions and billing policy -  If you elect to use subscription features, you agree to the pricing and payment terms in Section (7) and that we may update them from time to time. Dooinwell may add new features for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

C.The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Service ; (ii) you agree not to modify, make derivative works of, disassemble, reverse-compile or reverse-engineer any part of the Services ; (iii) you agree not to access the Service in order to build a similar or competitive service or product; (iv) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (v) you agree not to upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Service or any other system, device or property; (vi) you agree not to interfere with, disrupt or attempt to gain unauthorised access to the servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Dooinwell; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Service. Any future release, update or other addition to functionality of the Services shall be subject to these Terms.

D. Dooinwell-provided interface to Third-Party Products and Services -  Over time, Dooinwell may provide the opportunity for you to interface the Services to one or more third-party products and services, through and using the Services (“Third-Party Products and Services”). You decide whether you want to interface, and with which Third-Party Products and Services you want to interface. Your explicit consent and authorisation is required for this interface and is revocable by you at any time. Once your consent is given for a particular Third-Party Product and Service, you agree that Dooinwell may exchange information and control data regarding you and your products, including your personal information, in order to enable the interface that you have authorised. Once this information is shared with the particular Third-Party Product and Service, its use will be governed by the third party’s privacy policy and not by Dooinwell’sprivacy documentation. You acknowledge and agree that Dooinwell makes no representation or warranty about the quality or safety of any Third-Party Products or Services or the interface with the Service. Accordingly, Dooinwell is not responsible for your use of any Third-Party Product or Service, or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any Third-Party Products or Services. You should contact the third party with any questions about their Third-Party Products and Services. When using Dooinwell in connection with a Third-Party Product and Service, you acknowledge and agree that you must comply with both these terms and the applicable third party terms of agreement.

4. Agreed Usage and Limitations of Dooinwell Service
4. Agreed Usage and Limitations of Dooinwell Service

A. Intended use -  The Service is intended to be accessed and used for non-time-critical information and monitoring of family members. While we believe the Service can help detect otherwise undetected safety issues for family members and mitigate some of their consequences, The Service is not an emergency alert system. You acknowledge and agree that the Services, whether standing alone or when interfaced with Third-Party Products or Services, is not intended for emergency response. Dooinwell makes no warranty or representation that use of the Service will affect or increase any level of safety with regard to an emergency situation.

B. No Life Safety or Critical Uses of the Service -  The Service is not an emergency alert system. You acknowledge and agree that the Service, whether standing alone or when interfaced with Third-Party Products or Services, are not certified for emergency response. Dooinwell makes no warranty or representation that use of the Service will affect or increase any level of safetywith regard to an emergency situation. YOU UNDERSTAND THAT THE SERVICE,  WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. FURTHER, YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL DOOINWELL DISPATCH EMERGENCY SERVICES TO YOUR HOME IN THE EVENT OF AN EMERGENCY.

C. Reliability of the Service -  While we aim for the Service to be highly reliable and available, it is not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Dooinwell’s control, including connectivity intermittency, service provider uptime, mobile notifications and operators, among others. You acknowledge these limitations and agree that Dooinwell is not responsible for any damages allegedly caused by the failure or delay of the Services. You acknowledge that the Services, including apps access and mobile notifications, are not error-free or 100% reliable and 100% available. Proper functioning of the Services relies and is dependent on, among other things, the transmission of data through your wi-fi network, enabled wireless device (such as a phone or tablet) and broadband internet access for which neither Dooinwell nor any wireless or data carrier is responsible, and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively, “Service Interruptions”). You understand that Service Interruptions may result in the Services being unreliable or unavailable for the duration of the Service Interruption. We cannot and do not guarantee that you will receive notifications within any given time, or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS OF YOUR FAMILY MEMBERS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY ALERT SYSTEM. There is no way for Dooinwell to provide specific information relating to a situation in a Service’s user home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to alert detections and to respond according to the specifics of your situation.

D. Service Interruptions; no refund or rebate  - The Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Dooinwell does not offer any specific uptime guarantee for the Services.

5. Terms Specific to Mobile Software
5. Terms Specific to Mobile Software

A. Mobile Software -   As part of the Service, we make available software and/or applications designed for mobile devices (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Dooinwell does not warrant that the Mobile Software will be compatible with your mobile device. Dooinwell hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Dooinwell account owned solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Dooinwell may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Dooinwell or third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Dooinwell reserves all rights not expressly granted under this Agreement.

B.  Mobile Software from Apple’s App Store -  The following applies to any Mobile Software you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Dooinwell, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Dooinwell as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Dooinwell as provider of the software.

You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Dooinwell, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Dooinwell acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

6. Ownership and Intellectual Property
6- Ownership and Intellectual Property

You acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets in the Service are owned by Dooinwell or its affiliates or our licensors. Your possession, access to and use of the Service do not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Dooinwell, and its affiliates and licensors and suppliers, reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.You may only copy parts of the Services (including this Site) onto your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way, nor may you copy or incorporate any of the content of the Services into any other work, including your own website, without the written consent of Dooinwell. You must have a licence from us before you can post or redistribute any portion of the Services. Other than with respect to User Submissions, Dooinwell retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services, or any content therein.You may choose to or Dooinwell may invite you to submit comments, suggestions or ideas about the Service, including how to improve the Service (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited and without restriction, and will not place Dooinwell under any fiduciary or other obligation. Dooinwell may use, copy, modify, publish or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Dooinwell does not waive any rights to use similar or related ideas previously known to Dooinwell, developed by its employees or obtained from other sources.

7. Pricing and Payment Terms
7. Pricing and Payment Terms

A. Subscription/access fees are payable in advance -  All subscription and access charges for the subscription features are payable in advance. Dooinwell is not responsible for any charges or expenses you incur resulting from charges billed by Dooinwell in accordance with this Agreement (e.g., overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or other payment method with advance authorization features (e.g. in-app payments such as from third parties like Apple), you authorize Dooinwell to continue charging the payment method for all charges due to Dooinwell until your account is settled and your subscription is terminated by either you or Dooinwell.

B. Subscription accounts may have a trial period -  After initial registration of a paid membership subscription, you may be given an initial trial period. Certain Subscription Features may not be available during the free trial period, at Dooinwell’s sole discretion. You may cancel your account at any time during the trial. If you want to change your account type, you may do so at any time (either before or after the trial period). You are limited to one trial per person. If you do not cancel your account during the trial, you will be charged based on the subscription type you selected during registration.

C. Payment methods -  Dooinwell only accepts in-app payments such as from third parties like Apple in the Apple-owned App Store. Dooinwell does not store or process your credit card and/or credit card number.

D. Pricing Changes -  Prices for Subscription Features may change from time to time, in Dooinwell’s sole discretion. If they do, and you currently have subscription features, Dooinwell will provide you with notice of the change through the Service or in email to you, at Dooinwell’s option, at least thirty (30) days before the change is to take effect. Your continued use of the subscription features after price changes become effective constitutes your agreement to pay the changed amount.

E. No Refunds -  You may cancel your account at any time; however, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Upon cancelling any subscription features, your subscription will be valid until your paid period is completed.

F. Payment Information; Taxes -  All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

8. Indemnity for third party actions
8- Indemnity for third party actions

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD DOOINWELL AND ITS LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “DOOINWELL PARTIES”) HARMLESS FROM AND AGAINST (I) ALL CLAIMS, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD PARTY AGAINST ANY OF THE DOOINWELL PARTIES ARISING FROM OR RELATING TO (A) YOUR USE AND EACH AUTHORISED USER’S USE OF THE SERVICE ; (B) YOUR OR YOUR AUTHORISED USERS’ VIOLATION OF THESE TERMS; (C) ANY USER SUBMISSIONS OR FEEDBACK YOU PROVIDE; OR (D) YOUR OR YOUR AUTHORISED USERS’ VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD-PARTY (COLLECTIVELY, ”THIRD PARTY ACTIONS”); AND (II) ANY AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS AND JUDGEMENTS (INCLUDING PAYMENT OF THE DOOINWELL PARTIES’ ATTORNEYS’ FEES AND COSTS) INCURRED BY ANY OF THE DOOINWELL PARTIES, ASSESSED OR FOUND AGAINST ANY OF THE DOOINWELL PARTIES, OR MADE BY ANY OF THE DOOINWELL PARTIES, RELATING TO OR ARISING FROM ANY SUCH THIRD PARTY ACTION (“THIRD PARTY RELATED LOSSES”). YOU UNDERSTAND AND AGREE THAT YOUR INDEMNIFICATION OBLIGATION TO THE DOOINWELL PARTIES APPLIES EVEN IF SUCH THIRD-PARTY ACTION AND THIRD PARTY RELATED LOSSES ARISE FROM THE NEGLIGENCE OF ANY KIND OR DEGREE, BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NON-COMPLIANCE WITH APPLICABLE LAW, OR OTHER FAULT OR WRONGDOING OF ANY OF THE DOOINWELL PARTIES. HOWEVER, NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE ANY INDEMNIFICATION WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER APPLICABLE LAW. FURTHER, YOUR INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO ANY WILFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF THE DOOINWELL PARTIES, OR GROSS NEGLIGENCE OF THE DOOINWELL PARTIES IN THOSE STATES THAT DO NOT PERMIT INDEMNIFICATION FOR GROSS NEGLIGENCE. “THIRD PARTY” IS DEFINED HEREIN TO INCLUDE, AMONG OTHERS, AN AUTHORISED USER, AN UNAUTHORISED USER, A SPOUSE, PARTNER, FAMILY MEMBER, GUEST, NEIGHBOUR, TENANT, EMPLOYEE OR INSURANCE COMPANY. Dooinwell reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Dooinwell, and you agree to cooperate with our defence of such claims. You agree not to settle any such claim without Dooinwell’s prior written consent. Dooinwell will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

9. Warranty Disclaimers
9. Warranty Disclaimers

THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”, AND DOOINWELL, AND OUR LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.(DOOINWELL, AND OUR LICENSORS AND SUPPLIERS, MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOOINWELL OR THOUGH THE SERVICES, SHALL CREATE ANY WARRANTY.DOOINWELL DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH, OR IN CONNECTION WITH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND DOOINWELL  WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.

10. Limitation of Liability
10. Limitation of Liability

Nothing in these Terms and, in particular, within this “Limitation of Liability” clause, shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND OTHER DISCLAIMERS IN THESE TERMS, IN NO EVENT WILL (A) DOOINWELL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST DATA OR LOST PROFITS ARISING FROM OR RELATING TO THE SERVICE, EVEN IF DOOINWELL KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) DOOINWELL’S TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED TWO (2) TIMES THE FEES ACTUALLY PAID BY YOU TO DOOINWELL FOR THE SERVICE AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). DOOINWELL DISCLAIMS ALL LIABILITY OF ANY KIND OF DOOINWELL’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL DOOINWELL BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF, OR EXPOSURE TO, ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY IN THIS SECTION 10 SHALL APPLY EVEN IF DOOINWELL IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF DOOINWELL OR GROSS NEGLIGENCE OF DOOINWELL IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE.

11. Governing law
11. Governing law

These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Services shall be governed by French law, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The courts in some states and countries may not apply French law to some types of dispute. If you reside in one of those states or countries, then where French law is excluded from applying, your state’s or country’s laws will apply.

12. Dispute resolution and arbitration/class action waiver/jury trial waiver
12. Dispute resolution and arbitration/class action waiver/jury trial waiver

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

A. Arbitration -  Dooinwell and you agree to arbitrate all disputes and claims that arise from or relate to these Terms or the Service. THIS ARBITRATION IS MANDATORY AND NOT PERMISSIVE. This agreement to arbitrate is intended to be broadly interpreted, including, for example:
• claims arising out of or relating to any aspect of the relationship between us that is created by or involves these Terms or the Service, regardless of the legal theory;
• claims for mental or emotional distress or other emotional/mental injury arising from the relationship between us;
• claims that arose before you accepted these Terms (such as claims related to disclosures or the marketing of the Service, or the process for seeking approval to use the Service);
• claims that may arise after the termination of your use of the Service or any agreement between us; and
• claims brought by or against our respective subsidiaries, parent companies, members and affiliates, as well as the respective officers, directors, employees, agents, predecessors, successors and assigns of these entities, you, and Dooinwell.

This arbitration agreement does not preclude either of us from seeking an individualised preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. In addition, you or Dooinwell may seek injunctive or other equitable relief to protect your or its trade secrets and intellectual property rights or to prevent loss or damage to its services in any court with competent jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT WE ARE EACH (A) WAIVING THE RIGHT TO A TRIAL BY JURY; (B) WAIVING THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. These Terms evidence a transaction in international commerce.

B. Notice of Disputes -  If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Dooiwnell should be sent to: Dooinwell, 10 rue Greneta, 75003 Paris, FRANCE. Dooinwell will send notice to you at the email and/or mailing addresses associated with your account. Your notice to Dooinwell must (a) provide your name, mailing address, and email address; (b) describe the dispute; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration.

C. Arbitration Procedures -  The arbitration will be governed by the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with the said Rules. If the ICC is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute.  

D. No Class Arbitration -   The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DOOINWELL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED GROUP LITIGATION OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or group proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

13. General
13. GENERAL

A. Changes to These Terms -  Dooinwell will post notice of changes to any one or more of the following: this page, a Site, or mobile apps delivering the Service. You should ensure that you have read and agree with the most recent Terms when you use the Service. Continued use of the Service following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES TO ANY OF THE TERMS, YOU SHOULD DISCONNECT YOUR ACCOUNT FROM THE SERVICE AND CEASE ACCESSING OR USING THE SERVICE.

B. Entire Agreement/Severability - This Agreement, together with any amendments and any additional agreements you may enter into with Dooinwell in connection with the Service, shall constitute the entire agreement between you and Dooinwell concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

C. No Waiver - No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Dooinwell’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

D. Contact -  Please contact us at support@dooinwell.app with any questions regarding this Agreement.

These terms were last modified on November 02, 2020.