TERMS AND CONDITIONS OF USE
Service Tonic S.L. Is a Spanish company registered office of which is at Calle Aragón 383, 6º, Barcelona, Taxpayer Identification Number (TIN) B6520964, registered at the Barcelona Companies Registry in Volume 41543, Sheet 192 and page 388238 and email address: email@example.com.
ServiceTonic S.L. (ServiceTonic, “us”, “our”) is the owner or licensee of the intellectual property rights and any other right in the website donetonic.com and of the services available on that website including the app DoneTonic, referred to together in these terms and conditions as “DoneTonic”.
In the event that DoneTonic and User have agreed specific terms and conditions of use in any other document or contract, those particular terms and conditions of use shall take precedence over those Terms and Conditions of Use where they conflict.
“CUSTOMER”: Any corporation or individual who activates a free or paid-for DoneTonic subscription.
“END USER”: User who has been added to a CUSTOMER workspace.
“ADMINISTRATOR”: END USER designated by the CUSTOMER to have administrator permissions for one or more DoneTonic workspaces
“USERS”: collective terms for CUSTOMER, END USER and ADMINISTRATOR
USERS must be over 18 years old, in order to access and use DoneTonic.
In order to take out a paid-for subscription to DoneTonic, you must be an adult (older than 18 years).
By accessing and using DoneTonic, you declare and warrant that you have the legal capacity to enter into legal obligations binding on you or any third party on whose behalf you may be acting (for example, the company or business for which you work) under these Terms and Conditions of Use.
In addition, if you are acting on behalf of a third party, you declare that you have the legal authority to take decisions (such as moving from a free subscription to a paid-for subscription or increasing the number of END USERS) on behalf of that third party.
In order to access the set of functionalities of DoneTonic USERS must register to obtain a User Account.
Please note that if you register using a corporate email address your user account will be treated as an END USER of the CUSTOMER to which the email address used belongs.
You and when relevant the CUSTOMER to which your user account belongs are responsible for choosing a secure password and keeping confidential your user account and the password. It is expressly prohibited to transfer such information.
You and when relevant the CUSTOMER to which your user account belongs are liable for all activity carried out with your user account, including all and any losses, harm, liabilities, costs and legal fees incurred by ServiceTonic or any third party that may arise from your use (of use by any third party whether authorized or note) of your user account.
If you notice or suspect that a third party may be accessing your user account, you must immediately notify ServiceTonic by email to firstname.lastname@example.org. Bear in mind that even when you have informed ServiceTonic of an unauthorized use of your user account, ServiceTonic will have no liability for any loss, harm, liability, expense of legal fees that may arias in connection with that access to or use of your User account by a third party.
You declare that, when registering a USER account, the information provided will be truthful and up to date and that you will not use a false identity or the identity of any third party.
PRICES AND PAYMENT
DoneTonic is sold by subscription which can be free or paid-for in function of the type of subscription chosen by the CUSTOMER.
DoneTonic’s subscription rates are published on the DoneTonic’s website at https://www.donetonic.com. The rate applicable to a paid-for subscription will be determined by the type, period and the number of USERS requested and other features such as the plan selected by the CUSTOMER, storage capacity and the maximum size of files allowed as attachments.
Paid subscriptions are invoiced monthly or annually depending on the invoicing plan chosen by the CUSTOMER.
The amount of the subscription must be paid at the start of each subscription period.
CUSTOMER will select its preferred method of payment from the methods offered at the time of activation of a paid-for subscription.
Amounts paid under these Terms and Conditions of Use are not refundable (even in cases of partial use) except as this document expressly provides to the contrary. Without prejudice to the foregoing and as explained below, under certain circumstances we could generate a credit that can be used against future payments. Please remember that credits confer on CUSTOMER a reduction of future invoices (provided they are used within two (2) years), not a right of refund.
At the end of each subscription period, the subscription period will be automatically renewed and the amounts payable automatically charged to the CUSTOMER by the method used by the CUSTOMER for the most recent payment.
Payments are made in the currency chosen by the CUSTOMER when taking out a paid subscription.
We reserve the right to change subscription prices at any time (for example, a free functionality may become a paid-for functionality, or the price of a given subscription may increase or decrease). CUSTOMERS who have a current subscription will receive thirty (30) days’ notice of any upcoming price change. In addition, new prices will not be applied until the start of the next subscription period.
All payments will be processed through an external payment services provider. ServiceTonic does not warrant and accepts no liability for the availability or accessibility of the payment platform or for any failure, error or delay in payment not attributable to ServiceTonic.
CUSTOMER will meet any additional cost applicable to the transaction for any reason, including exchange costs, value added taxes, duties or any other type of tax or charge. In the event that a payment is subject to tax retention by any government, CUSTOMER will pay to ServiceTonic the amount of such retention.
Any invoice requested by CUSTOMER will be issued electronically.
INCREASES AND DECREASES IN SUBSCRIPTIONS
At any time during a subscription period, the CUSTOMER may increase a subscription to add users or change a subscription to a higher plan. CUSTOMER may also decrease a subscription to reduce the number of users or to change a subscription to a lower plan.
When CUSTOMER makes an increase in a subscription, ServiceTonic will invoice and charge the CUSTOMER, at that moment, an amount equal to the cost of the subscription increase prorated to the end of the subscription period and will update the subscription price.
When CUSTOMER makes a decrease to a subscription, ServiceTonic will updated the renewal price and might generate a credit in favor of the CUSTOMER that can be set against the cost of renewal. In no circumstances will credits be exchangeable, transferable, or refundable.
ServiceTonic’s intellectual property
DoneTonic was created by SERVICETONIC which retains ownership of all intellectual property rights and rights of any other nature in DoneTonic. DoneTonic may not be modified, copied, altered, reproduced, adapted or translated by CUSTOMER.
The structure, characteristics, coding, working methods, information systems, developer tools, know-how, methods, processes, technology and algorithms of DoneTonic are the property of ServiceTonic or its suppliers who where relevant have duly licensed or transferred to ServiceTonic such rights, and are protected by Spanish and international laws concerning intellectual property and may not be changed, copied, altered, reproduced, adapted or translated by CUSTOMER.
All user manuals, texts, drawings, databases, videos or audio media that refer to or complement DoneTonic (“Associated Material”) are the property of ServiceTonic or its content providers and may not be changed, copied, altered, reproduced, adapted or translated by CUSTOMER.
Consequently, it is in all circumstances prohibited for CUSTOMER to make any use of DoneTonic or the Associated Materials without the consent of ServiceTonic, including exploitation, reproduction, diffusion, transformation, distribution, transmission by any means, subsequent publication, display, public communication in whole or in part. Any such use will constitute breach of the intellectual property rights of ServiceTonic subject to the remedies provided by law.
You (or CUSTOMER linked with your USER) is the sole owner of the content that you upload to DoneTonic.
Without prejudice to the foregoing, you grant to ServiceTonic (and to all its authorized service providers) a worldwide, non-exclusive, non-transferable (transferable in the case of sale or transfer of the business of ServiceTonic) license to store, copy, access, process and transfer the content you upload to ServiceTonic so that ServiceTonic can: (i) provide to you the services and functionalities of DoneTonic; (ii) improve DoneTonic, including through analysis of metadata and the generation of statistics that enable ServiceTonic to make recommendations to USERS as to how to make best use of DoneTonic and increase their work efficiency. For the avoidance of doubt, we will only examine metadata (such as the length of texts, the number of tasks with a given status, the size of attachments, among others), but we will not review texts and their content as such.
You warrant that you hold all rights and consents required in order to use all the content that you upload to DoneTonic and, in particular, any personal information of third parties.
You are solely liable for and agree to defend, indemnify and hold harmless of all liability ServiceTonic (and its affiliates, employees, officeholders and directors) against any claim alleging that the content or information uploaded to DoneTonic infringes the rights of any third party or any applicable law or that such content has in any other way caused harm to ServiceTonic or any third party.
ServiceTonic does not review any information (including data or comments) uploaded by USERS. Without prejudice to the foregoing, ServiceTonic has the right (but not the obligation) to delete as it sees fit any content that ServiceTonic believes infringes these Terms and Conditions of Use, any applicable law or any third-party right.
OBLIGATIONS OF USER
By accessing or using DoneTonic, USER undertakes to comply with the provisions of these Terms and Conditions of Use and any applicable law.
The following list includes some of the obligations that you as USER agree to comply with, without prejudice to any other obligation to which you may be subject by virtue of these Terms and Conditions of Use or any applicable law.
– Not to use DoneTonic in a way that may cause harm, interruption, inefficiency or defect in the operation of DoneTonic, your devices or the device of any third party, including the use of bots or other automated devices to send unnecessary requests to our servers.
– Not to use DoneTonic for the transmission, installation or publication of any virus, malware or other harmful code or files and not to use DoneTonic to send unwanted email to ServiceTonic or any third party.
– Not to use DoneTonic for any purpose inconsistent with good faith, morality or public order.
– Not to access any section of DoneTonic or any of its systems, networks or servers to which access is restricted.
– Not to breach or attempt not to comply with the security or authentication measures of DoneTonic or any network connected to DoneTonic or the security or protective measures inherent to the content offered on DoneTonic.
– Not to replicate, reverse engineer, decompile or disassemble DoneTonic except to the extent authorized by law.
User undertakes to defend, indemnify and hold harmless ServiceTonic (and its affiliates, employees, officeholders and directors) against any claim, harm or judicial or extra-judicial determination concerning the obligations of USER under these Terms and Conditions of Use.
SUBSCRIPTION PERIOD, RENEWAL AND TERMINATION
Each subscription period will be automatically renewed (and we may automatically charge to Customer the corresponding fee) for additional subscription periods of the same length unless Customer decides to cancel their subscription before the expiry of a subscription period.
User may cancel their DoneTonic subscription at any time through User’s User account. Cancellation will take effect at the end of the subscription period in course at the time of cancellation and will not entitle CUSTOMER to a refund.
We have the right in our own free discretion to suspend or permanently end your access to and use of DoneTonic (including the right to delete your User account) in the following circumstances: (i) for planned or emergency maintenance of DoneTonic; (ii) if ServiceTonic stops providing the DoneTonic service for any reason; (iii) we reasonably believe that you are using DoneTonic in breach of these Terms and Conditions of Use; (iv) we reasonably believe that your use of DoneTonic represents a security risk for us or any third party; (v) such suspension or termination is required by application of any law or by a government agency or to comply in any other way with any applicable law or regulation; (vi) you are using DoneTonic for purposes other than those stipulated in these Terms and Conditions of Use; or (vii) you or CUSTOMER responsible for your account breach any payment obligation arising under these Terms and Conditions of Use.
In addition to the foregoing, if User is using a free trial or a free subscription to DoneTonic, ServiceTonic may cancel User’s subscription at any time, with or without prior notice and with no liability for ServiceTonic.
Please remember that on expiry of the period of your subscription you will no longer have access to DoneTonic. If you or we cancel, block of delete your user account (as permitted by these Terms and Conditions), it is possible that you will not be able to access the information and data stored in or associated with your user account.
Customer will not be freed from the obligation to pay any accrued or outstanding fees to ServiceTonic in consequence of termination.
ServiceTonic’s prevention of access to or use of DoneTonic by Customer as envisaged by this section will not lead to any liability on the part of ServiceTonic and will not entitle USER to make any claim against ServiceTonic, except as relates to any harm or loss caused by the negligence of ServiceTonic as determined by a competent court or tribunal.
ServiceTonic may offer periods of free trial of versions of DoneTonic that are paid for. The normal trial period will be 21 days.
During or at the end of a trial period USER may take out a DoneTonic subscription and the User account will otherwise be blocked at on conclusion of the trial period.
PRIVACY and SECURITY
ServiceTonic is registered with the Spanish Data Protection Agency in compliance with applicable law in relation to confidentiality and security of personal data.
Personal data that users enter on DoneTonic are held on Microsoft Azure servers located within the European Union for customers based in the European Union and Microsoft Azure servers located in the United States for customers outside the European Union in compliance with the law relating to the storage of personal data and the highest levels of security and accessibility available on the market.
ServiceTonic and its employees have access to account data in order to improve the service and to offer high-quality support services. All employees and partners of ServiceTonic have entered into a confidentiality agreement in compliance with laws as to privacy including the GDPR.
By using DoneTonic, CUSTOMER also accepts that ServiceTonic is the Data Controller for the processing of Personal Data that may be entered on DoneTonic to the extent that such Personal Data are subject to General Data Protection Regulation 2016/679 (GDPR).
Without prejudice to any other provision of these Terms and Conditions of Use, we may collect, use and publish anonymous Information as defined in this clause concerning your use of DoneTonic or DoneTonic’s website and distribute the same for the purpose of providing, improving and publicizing our products and services and for other commercial objectives. “Anonymous Information” is information that does not allow identification of any person, such as aggregated information and analytical information. ServiceTonic is the owner of all Anonymous Information that ServiceTonic collects or obtains.
LIMITATION OF LIABILITY AND WARRANTY
Regardless of any provision contrary to what is provided by these Terms and Conditions of Use and to the extent permitted by law:
The websites and DoneTonic are provided “as is” with all their faults and “subject to availability” with no warranty of any kind. Us and our subcontractors, representatives and providers (including external service providers) hereby exclude any declaration or warranty of any kind, including among others any declaration or warranty of suitability for sale, operation, ownership, suitability for any particular use and compliance with rights, whether express, implicit or mandatory.
None of us or our providers make any warranty, and we all expressly exclude any warranty or declaration, to the effect that DoneTonic and the websites, including their access and use, will be free from interruption, available as required, secure or free from error, that data will not be lost, that defects will be remedied or that the websites or the service will be free from viruses or other types of malware. We are our providers also exclude any obligation or liability for delay, faults, interception, alteration, loss or other harm with you or your data (including customer’s data) may suffer that are outside our control.
Except as expressly provided in these Terms and Conditions of Use, we do not warrant and expressly exclude any declaration or warranty to the effect that DoneTonic is complete, accurate of any given quality, reliable, suitable or compatible for any particular intended activity, device, operating system, browser, software or tool (or will continue to be so in the future).
Or that they are compliant with any law to which you may be subject or concerning any content, information, report or result that you may obtain through the service or the websites.
Notwithstanding, if SERVICETONIC is in breach of any obligation to which it is subject under this contract as a result of providing ineffective service during a continuous period in excess of 24 hours, ServiceTonic’s liability will be limited to the repayment of the proportion of the subscription fee corresponding to the period of service interruption.
No obstante, si SERVICETONIC incumpliera los compromisos asumidos en este contrato por prestar un servicio ineficiente durante un periodo ininterrumpido superior a 24 horas, la responsabilidad de ServiceTonic se limitará a la devolución proporcional del importe cobrado por el servicio durante dicho periodo de interrupción.
SPECIFIC OBLIGATIONS OF CUSTOMERS
In addition to any other obligation to which USERS in general are subject, the following obligations apply specifically to CUSTOMERS:
- If you are a CUSTOMER, you will be liable for any harm or loss caused by the use (or inability to use) DoneTonic on the part of END USERs added by you to your workspaces. ServiceTonic will have no liability in that regard and you will hold harmless and indemnify ServiceTonic against any claim that may arise in such connection.
- CUSTOMER is responsible for immediately suspending access of any END USER that you or ServiceTonic may believe is using DoneTonic in breach of these Terms and Conditions of Use.
- You state that you have the right to transfer the required data (in particular, personal data, including the personal data of your END USERs) so that ServiceTonic and our service providers can use, transfer and lawfully process such data for the provision of services associated with DoneTonic.
DISTRIBUTORS AND OTHER THIRD-PARTY PRODUCTS AND SERVICES
If you take out a DoneTonic subscription through a distributor, please be aware of the following:
We will provide DoneTonic in accordance with the order received from the distributor (for example, the number of users or the type of subscription).
If you give administrator permissions to the distributor, you will be liable for the use by the distributor of DoneTonic.
We will receive payment directly from the distributor.
The obligations of ServiceTonic will be limited to those set out in these Terms and Conditions of Use and ServiceTonic will not be bound by any other terms indicated by the distributor.
ServiceTonic will have no liability in respect of any promises made by the distributor or for any services offered by the distributor.
In addition, if you use DoneTonic in combination with other products or services from third-party businesses, ServiceTonic will have no liability for any lack of compatibility or incidents in migration between DoneTonic and the third-party products or services.
SUGGESTIONS AND COMPLAINTS
Any user who wishes to submit a query, suggestion or complaint may do so by email to email@example.com
From time to time, we may send notices concerning DoneTonic by email and we will publish those notices on our website, through the app or via other channels. Those notices will take effect from the time they are sent or published.
If you want to send any notice, you can do so by email to firstname.lastname@example.org
Neither you nor us we have any liability for any failure or delay in performance of any obligation by reason of any event of force majeure outside our respective reasonable control. Such events may include denial of service attacks or failure or the Internet or any utility, failure or third-party hosting services, strikes, shortages, civil unrest, fire, act of God, war, terrorism and government action.
ServiceTonic reserves the right at any time and without prior notice to do improvements, changes or modifications to any functionality or content of DoneTonic or discontinue DoneTonic and its associated services with or without prior notice and without liability for ServiceTonic.
Failure to exercise any right or provision under these Terms and Conditions of Use will not constitute waiver of such right or provision except where ServiceTonic expressly so states in writing.
Each provision of these Terms and Conditions will apply separately. If any competent tribunal or authority determines that any of these provisions is unlawful, invalid or inapplicable, but would be lawful, valid or applicable if some part of it was deleted or modified, the provision in question will be applied with such deletion or amendment as may be required to make it lawful, valid or enforceable and the remaining provisions will remain in full force and effect.
ServiceTonic reserves the right to change or amend these Terms and Conditions or any of our other policies or guidance at any time with prior notice. We may give such notice in a variety of ways including among others, sending you an email or publishing the revised Terms and Conditions on the websites and/or the DoneTonic application. You acknowledge that access to or continued use of DoneTonic following such notice will constitute your acceptance of the revised Terms and Conditions of Use. Without prejudice to the foregoing, any change to subscription tariffs will be made in accordance with Section 2.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Use and any associated action will be governed by and interpreted in accordance with the laws of Spain and applicable law of the European Union.
CUSTOMER and ServiceTonic expressly submit to the jurisdiction of the Courts and Tribunals of Barcelona for the resolution of any dispute, and expressly forgo any jurisdiction that would otherwise be available to them.