User Terms of Use

Latest update May 6, 2022

Please read the User Terms of Use carefully before clicking the “I Agree” button, or using TheyDo.

These TheyDo B.V. (hereinafter: “TheyDo”) User Terms of Use (“Terms of use”) apply to the use by any non-paying user (hereinafter: “User” or “You”) of TheyDo’s software product called TheyDo Platform (as further described on TheyDo’s website www.theydo.io), or any other software product made available by TheyDo, on the basis of ‘Software-as-a-Service’ , which is understood to mean a service by which TheyDo makes functionality available to and keeps functionality available for User  remotely through the cloud (Internet or another data network, (hereinafter: “TheyDo Platform Service”).

Acknowledgment

By clicking the “I Agree” button, or using the TheyDo Platform Service, You are agreeing to be bound by the terms and conditions of these Terms of Use. If You do not agree to these Terms of Use, do not click on the “I Agree” button, do not use the TheyDo Platform Service.

This Agreement is a legal document between You and TheyDo and it governs your use of the TheyDo Platform Service made available to You by TheyDo. 

Scope

TheyDo grants You a revocable, non-exclusive, non-transferable, limited (in time) license to download, install and use the TheyDo Platform Service strictly in accordance with these Terms of Use.

The license that is granted to You by TheyDo is solely for your personal, non-commercial purposes strictly in accordance with these Terms of Use.

 

License Restrictions

You agree not to, and You will not permit others to:

  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the TheyDo Platform Service.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of TheyDo or its affiliates, partners, suppliers or the licensors of the TheyDo Platform Service.


Content

TheyDo is not responsible for the entries, information or content of the TheyDo Platform Service’s users.

You expressly understand and agree that You are solely responsible for the content and for all activity that occurs under your account, whether done so by You or any third person using your account.

You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine generated content or randomly generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including TheyDo and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

TheyDo reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, refuse or remove any Content. TheyDo further reserves the right to make formatting and edits and change the manner any Content. TheyDo can also limit or revoke the use of the TheyDo Platform Service if You post such objectionable Content.

As TheyDo cannot control all content posted by users and/or third parties on the TheyDo Platform Service, you agree to use the TheyDo Platform Service at your own risk. You understand that by using the TheyDo Platform Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Theydo be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

 

Intellectual Property

All present intellectual property rights including copyright and industrial rights in TheyDo Platform Service and in particular to its software, databases, equipment or other materials developed or provided, such as analyses, designs, documentation, reports, offers, as well as preparatory materials in that regard are the sole property of TheyDo, its licensors or its suppliers. This Agreement does not in any way purport to transfer any such rights to User in any respect. User shall only acquire the rights of use expressly granted in these terms or by law. Any other or more extensive right of the User to reproduce or to modify software, databases or other materials and- to the extent prescribed by law – reverse-engineering, shall be excluded. A granted right of use to the customer shall always be non-exclusive and non-transferable to third parties.

  • User shall not be allowed to remove or modify any designation concerning the confidential nature or concerning copyrights, trademarks, business names or other intellectual or industrial property rights from the software or databases.
  • TheyDo shall be allowed to take technical measures and/ or to view in User’s workspace environment, for the sole purposes  to protect the software in TheyDo Platform Service regarding agreed restrictions in the duration of the right to use TheyDo Platform Service and/or to be able to support User in its use of the TheyDo Platform Service. User shall not be allowed to remove or evade such  technical measure.

  • Infringement. User shall notify TheyDo as soon as practicable after User becomes aware of: (i) any actual, threatened or suspected infringement of any intellectual property (including know-how) in respect of TheyDo Platform Service, any related material or of any breach of confidence relating to any of the foregoing; (ii) any claim brought against User alleging that its use of TheyDo Platform Service, any related material any intellectual property or other rights belonging to or alleged to belong to the claimant. 

 

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to TheyDo with respect to the TheyDo Platform Service shall remain the sole and exclusive property of TheyDo.

Theydo shall be free to use, copy, modify, publish, or redistribute the suggestions for any purpose and in any way without any credit or any compensation to You.

 

Modifications to the TheyDo Platform Service

TheyDo reserves the right to modify, suspend or discontinue, temporarily or permanently, the TheyDo Platform Service or any service to which it connects, with or without notice and without liability to You.

 

Updates to the TheyDo Platform Service

TheyDo may from time to time provide enhancements or improvements to the features/functionality of the TheyDo Platform Service, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the TheyDo Platform Service. You agree that TheyDo has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the TheyDo Platform Service to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the TheyDo Platform Service, and (ii) subject to the terms and conditions of this Agreement.

 

Maintenance and Support

TheyDo does not provide any maintenance or support for the download and use of the TheyDo Platform Service. To the extent that any maintenance or support is required by applicable law, TheyDo shall be obligated to furnish any such maintenance or support.

 

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that TheyDo shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. TheyDo does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties’ Terms of agreement when using the TheyDo Platform Service. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.

 

Privacy Policy

TheyDo collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy: https://www.theydo.com/legal/privacy-statement-users/

By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

 

Term and Termination

This Agreement shall remain in effect until terminated by You or TheyDo.

TheyDo may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from TheyDo, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the TheyDo Platform Service and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the TheyDo Platform Service and delete all copies of the TheyDo Platform Service from your Device.

Termination of this Agreement will not limit any of TheyDo’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

 

Indemnification

You agree to indemnify and hold TheyDo and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the TheyDo Platform Service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

 

No Warranties

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Theydo, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the TheyDo Platform Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, TheyDo provides no warranty or undertaking, and makes no representation of any kind that the TheyDo Platform Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither TheyDo nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the TheyDo Platform Service, or the information, content, and materials or products included thereon; (ii) that the TheyDo Platform Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the TheyDo Platform Service; or (iv) that the TheyDo Platform Service, its servers, the content, or e-mails sent from or on behalf of Theydo are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, TheyDo shall be solely responsible for such warranty.

 

Limitation of Liability

As You are allowed to use the TheyDo Platform Service free of charge, Notwithstanding any damages that You might incur, the entire liability of TheyDo and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to 100 EURO.

To the maximum extent permitted by applicable law, in no event shall TheyDo or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the TheyDo Platform Service, third-party software and/or third-party hardware used with the TheyDo Platform Service, or otherwise in connection with any provision of this Agreement), even if TheyDo or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Miscellaneous 

  • Assignment. This Agreement is personal to Customer, Customer is not entitled to assign, mortgage, charge, or otherwise transfer or sub-license any rights under this Agreement, except with prior written approval. 
  • Severability. If any provision hereof is determined by a tribunal of competent jurisdiction to be illegal or unenforceable, it shall automatically be deemed conformed to the minimum requirements of law and, along with all other provisions hereof, shall thereupon be given full force and effect. 
  • Validity. Whenever possible, each provision of Terms of use shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of Terms of use shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity and shall not invalidate the remainder of such provision or the remaining provisions of Terms of use that shall continue in full force and effect. 
  • Use of trade name. TheyDo is allowed to use Customer’s name and logo for marketing and/or educational purposes.
  • These terms and any non-contractual obligations relating to or arising out of an Order form shall be governed by and construed in accordance with Dutch law. Any disputes that may arise between TheyDo and customer on the basis of the Order form, any other agreement and/or any non-contractual obligations relating to or arising out of the Order form or any other agreement, shall be settled through arbitration in accordance with the Arbitration Regulations of the Foundation for the Settlement of Automation Disputes (www.sgoa.org), without prejudice to the right of either of the parties to request an injunction in summary arbitral proceedings and without prejudice to the right of either of the parties to take precautionary legal measures.
  • Notwithstanding the foregoing, the TheyDo reserve the right to seek and obtain injunctive relief, whether in the form of a temporary restraining order, preliminary injunction, injunction to enforce an arbitration award, or other order of similar import, including obtaining full payment of all fees and costs under Terms of use from any court of competent jurisdiction.

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