For the purposes of these Terms, the words of which the initial letter is capitalized have meanings defined under the following conditions. These shall have the same meaning regardless of whether they appear in singular or in plural.
- App Distributor means the app store, typically the Apple Store or Google Play, which let you download the Application.
- Application means the software program accessible through the Site or the Mobile Application.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in these Terms) refers to Lorigami SASU, editor of Toolten.
- Customer means users of the Application who paid a subscription which has not come to its end yet.
- User Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You in the Application, regardless of the form of that content
- Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
- Mobile Application means the software program provided by the Company downloaded by You to a Device, usually through the means of an app store.
- Site means the web pages accessible from the toolten.io domain and its subdomains, basically providing our services through a web browser.
- Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
- You means the individual accessing or using the Application, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
2.1. The Application is copyrighted work belonging to the Company. Certain features of the Application may be subject to additional guidelines, terms, or rules, which will be present in the interface in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms.
2.3. You must be legally of age in your country (usually 18 years old) to access the site and application, otherwise you must stop using the Application now.
2.4. If You disagree with any of these terms, You are prohibited from accessing the Application.
3.1. The Application is provided on an “as-is” and “as available” basis. We and our suppliers make no guarantee or warranty, may it be expressed or implied, that the site will meet Your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate and reliable. We make our best effort to keep it free of bugs and harmful code, but do not guarantee it.
3.2. The content we provide is for general information purposes only. We do not guarantee its completeness and accuracy and it should be considered as advice on which you should rely without specialist or professional guidance.
3.3. Any user who is not a Customer isn’t provided with any warranty or guarantee. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to You.
4. Access to the Application
4.2. Certain Restrictions. The rights approved to You in these Terms are subject to the following restrictions: (a) You shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Application; (b) You shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application; (c) You shall not access the Application in order to build a similar, substituable or competitive service; (d) except as expressly stated herein, no part of the Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Application shall be subject to these Terms; and (e) You shall not use our services in high-risk environments where defects in the Application could cause injury or death.
4.3. Server-side maintenance and downtime. We strive to keep our online services working properly at all times for common platforms. We rely on Google Firebase’s sturdy infrastructure to do so, which claims 99.99% uptime. Also, as our application works offline, including when the backend servers are down for any reasons, and catches up on synchronization after connectivity is reestablished, we anticipate an overall smooth experience during and after the maintenance or downtime. This being said, You acknowledge that temporary unavailability of the online services and subsequent unavailable features (primarily including real-time backup and real-time synchronization between devices) and Application errors may happen without a right to compensation.
4.4. Support. We strive to help and reply to our users swiftly upon request, but You acknowledge that the Company has no obligation to provide individual support or to engage developments on Your request.
4.5. Compatibility. We cannot garantee that 100% of the Application’s features will work on 100% of devices. We offer a free tier that lets You test the service on Your Device, provided it was made available for it. By becoming a customer, You acknowledge that You are satisfied with the service as-is and that partial incompatibilities will not be a ground for complaints. If You witness a partial incompatibility, please let us know and we will tell You if we can fix it.
4.6. Sustainability. Although we will always strive to be as considerate as possible, we reserve the right to change, suspend, or cease its services with or without notice to You. You approve that the Company will not be held liable to You or any third-party for any change, interruption, or termination of the service or any part of it. The service may be changed or terminated without notice. For Customers, a definitive and significant loss of functionality will grant You the right to end our contract and be refunded in proportion to the time left in the current billing period.
4.7. Updates. You agree that updates to the Application in connection with our services, which may or may not be introduced in the future at our sole discretion, are covered by these Terms. If You find that the updates are not compatible with Your use of the Application, You should stop using it and end Your subscription if You are a Customer.
4.8. Intellectual property rights. Excluding any User Content that You may provide, You are aware that all the intellectual property rights, including copyrights, patents, trademarks, contents and trade secrets, are owned by the Company or the Company’s suppliers. Note that these Terms and access to the Application do not give You any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed sooner. The Company and its suppliers reserve all rights not granted in these Terms.
5. User Content and acceptable use policy
5.1. Personal Information. You guarantee that the personal information You provide about You in the Application is accurate, true, complete, current and not misleading. You must be the sole user of your account. We may terminate your account otherwise.
5.2. User Content. You are exclusively responsible for Your User Content. You bear all risks associated with use of Your User Content. You hereby certify that Your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that Your User Content is in any way provided, sponsored or endorsed by us. Because You alone are responsible for Your User Content, You may expose Yourself to liability.
5.4. Security. You take full responsibility for maintaining reasonable security precautions for Your account. You are responsible for keeping private, protecting and updating any login account provided to You for our Services. You must protect the confidentiality of Your login details, and You should change Your password periodically.
5.5. Prohibited uses by nature. The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Application to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (v) that contains sensitive information as defined by applicable law, such as but not limited to a third party’s personal information, biometric data, etc.
5.6. Prohibited uses to others. In addition, You agree not to: (i) upload, transmit, or distribute to or through the Application any software intended to damage or alter a computer system or data; (ii) send through the Application unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Application to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Application, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to a portion of the Application, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Application; or (vi) use software or automated agents or scripts to produce multiple accounts on the Application, or to generate automated searches, requests, or queries to the Application.
5.7. Reasonable use. To give an order of magnitude, we consider that an acceptable use of the Application would typically involve about 50 recorded sessions or less per day and per account, and less than 500 tasks (active or achived) at a given time. If you find Yourself in the need for more resources, please contact us to share Your use case and we will determine we provide the service You need.
5.8. Enforcement. We reserve the right to review any User Content, and to investigate and/or take appropriate action against You in our sole discretion if You violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include:
- Suspending or terminating Your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of Your account.
- Disabling or removing Your User Content, including to prevent harm to others or to us or our Services, as determined by us in our sole discretion.
- Reporting violations to law enforcement as determined by us in our sole discretion.
- A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to You, may result in the suspension or termination of Your account.
Suspended and terminated user accounts due to violations will not be re-activated.
If Your user account is suspended and terminated, you are prohibited from creating a new one for You or someone else.
In case You violate the Terms, we reserve the right to appropriately take legal action, including the pursue of injunctive, civil, criminal redress.
Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.
Termination of Your account will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of our agreement) of any of your obligations under the present agreement.
Provisions expressly stated as so or reasonably fit to shall survive the termination of our agreement and remain enforcable.
5.6. Feedback. If You provide us with any feedback or suggestions regarding the Application, You hereby assign to us all rights in such feedback and agree that the Company shall have the right to use and fully exploit such feedback and related information in any manner it believes appropriate. We will treat any feedback You provide to us as non-confidential and non-proprietary.
5.7. Reporting violations. If You have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide You with full assistance.
5.8. Indemnification. You agree to indemnify and hold the Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) Your use of the Application or the use of your account by a third party, (b) Your violation of these Terms, (c) Your violation of applicable laws, regulations, third-party rights or (d) Your User Content. We reserve the right to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. The Company will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
6.1. App stores. If you installed the Application from an App Distributor, You shall use the Application in accordance to the App Distributor’s legal terms of service. The App Distributor has no obligation and will not provide any maintenance or support regarding the Application. You certify that (i) You are not located in a country subject to an embargo from the U.S. government, or which has been designated by the U.S. government as a “terrorist supporting” country; (ii) you are not in any list of parties prohibited or restricted by a U.S. government. You recognize that the App Distributors are third-party beneficiaries of these Terms and Conditions, and as such will have the right to enforce these Terms and Conditions against you.
6.3. Third-Party links and ads. The Application may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party links and ads are not under the control of the Company, and the Company is not responsible for any Third-Party links and ads. The Application provides access to these Third-Party links and ads only as a convenience to You, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party links and ads. You use all Third-Party links and ads at Your own risk, and should apply a suitable level of caution and discretion in doing so. When You click on any of the Third-Party links and ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
6.4. Other Users. Each Application user is solely responsible for any and all of its own User Content. Because we do not control User Content, You acknowledge and agree that we are not responsible for any User Content, whether provided by You or by others. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between You and any Application user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Application. If You are a California resident, You hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
7. Fees and payment
7.1. To use our services beyond the free tier, you will be required to pay a fee before the start of the subscription period. The billing period may be monthly or yearly depending on Your choice of subscription, and starts on the day of payment, or at the end of the current period if a period is paid in advance.
7.2. For all payments made via the Site, You represent that the information you provide is current, complete and accurate. For recurring fees, You agree to update account and payment information when needed, so your transactions can be successfully completed.
7.3. Rates, added value taxes, sales taxes and other potential public dues will be added to the fees, and all sums owed must be paid in full of these components. We may adjust and revise prices and rates at any time. If you are a Customer with an automated renewal of the subscription, we will send you a message a reasonable amount of time ahead of a price raise.
7.4. Upon purchasing, You hereby authorize the Company to charge Your chosen payment provider for the amount corresponding to the current price of the purchase. If Your purchase is subject to recurring charges, You agree that we will charge your payment method accordingly without your prior approval for each recurring charge, until you choose to cancel the subscription.
7.5. If a payment default occurrs, we reserve the right to suspend or terminate the subscribed services immediately.
7.6. We reserve the right to correct any errors in pricing, including when the payment has already been requested or received. The Company reserves the right to refuse any order at its sole discretion.
7.7. Payments are handled by Third-Party Services and the Company shall not be held responsible for any incident that may arise during the process.
8. Limitation on Liability
8.1. To the maximum extent permitted by law, in no event shall the Company or our suppliers be liable to You or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or Your use of, or incapability to use the Application even if the Company has been advised of the possibility of such damages. Access to and use of the Application is at Your own discretion and risk, and You will be solely responsible for any damage to Your Device or computer system, or loss of data resulting therefrom.
8.2. For Customers, to the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to You for any damages arising from or related to this agreement, will at all times be limited to a maximum of the total cost of the last 6 months of the subscribed services before the occurrence of the liability event. The existence of more than one claim will not enlarge this limit.
8.3. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
8.4. We shall not be held liable for events due to events outside of our control, including but not limited to cases of force majeure, changes in the applicable law governing our services, failure of our Third Party suppliers or Third Party services responsible for making the connection from You to our services, non-trivial cyber attacks, unauthorized access to Your user account.
8.5. Term and Termination. Subject to this section, these Terms will remain in full force and effect while You use the Application. We may suspend or terminate Your rights to use the Application at any time for any use of the Application in violation of these Terms. Upon termination of Your rights under these Terms, Your account and right to access and use the Application will terminate immediately. You understand that any termination of Your account may involve deletion of Your User Content associated with Your account from our live databases. The Company will not have any liability whatsoever to You for any termination of Your rights under these Terms.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.
9. Copyright Policy.
9.1. We respect the intellectual property of others and ask that users of the Application do the same. In connection with the Application, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our service who are repeated infringers of intellectual property rights, including copyrights. If You believe that one of our users is, through the use of the Application, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:
- Your physical or electronic signature;
- identification of the copyrighted work(s) that You claim to have been infringed;
- identification of the material on our services that You claim is infringing and that You request us to remove;
- sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- a statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner.
9.2. Please note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify You by sending You an e-mail to the last e-mail address You provided to us and/or by prominently posting notice of the changes on the Site. You are responsible for providing us with Your most current e-mail address. In the event that the last e-mail address that You have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to You or thirty (30) calendar days following our posting of notice of the changes on the Site. These changes will be effective immediately for new users of the Application. Continued use of the Application following notice of such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
10.2. Electronic Communications. The communications between You and the Company use electronic means, whether You use the Application or send us emails, or whether the Company posts notices in the Application or communicates with You via email. For contractual purposes, You (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to You electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
10.3. Entire Terms. These Terms and their supplements constitute the entire agreement between You and us regarding the use of the Application. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to the Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
10.4. Cancellation. All purchases are non-refundable. Your subscription can be cancelled at any time from your account. The cancellation will take effect at the end of the current paid period and no partial refund for the remaining time of the current billing period shall be issued.
10.6. Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
11. Contact Information
If You would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to it, You may send an email to firstname.lastname@example.org
Last updated on April 1st, 2020