The users of this website shall enter a legally binding contract (referred as the Agreement) with TUCAN Software Inc. (referred as TUCAN), and all matters related to their access to Doneapp.com or use of any services being offered on this website (referred as Services) shall be governed by the provisions of this agreement. The user’s digital signature/electronic acceptance shall be sufficient to create a legally binding agreement.
When you click I Agree or related syntaxes, buttons or links on any part of this website or interface of your device, it shall be deemed that you have consented to enter this agreement.
The term “You” shall refer to individuals who register/subscribe to any services being offered on Doneapp.com and submit the details of their credit card / payment instruments to be charged for the Services.
When you enter this agreement on behalf of an organization or entity, it shall be deemed that you are fully authorized to enter this agreement and purchase the Service on behalf of such entity, and if you are not, accept your personal responsibility to discharge all your financial obligations under this agreement.
Registration / Subscription
- Accessing Doneapp.com or using any services being offered on this website and related platforms shall be deemed as your warrant that you are a human being. The ‘bots’ or ‘machines’ are not allowed to register an account or use this website, irrespective of their artificial intelligence and technological sophistication.
- Multiple accounts of a single person or login sharing by several individuals are not allowed. However, you may register separate accounts/logins for all your teammates.
- When you request for a registration / subscription, you may be required to submit your personal information, including but not limited to your name, email address, contact number, and credit card details. You shall warrant that submitted information will be true, authentic, complete and reliable.
- TUCAN Software Inc. reserves a right to verify the submitted information before approving your registration/subscription. Once your account is approved, you shall be responsible for maintaining the confidentiality of all the login IDs and passwords under your account. TUCAN will not be liable for any loss, damage or claims, whether direct or indirect, that may arise due to your failure to maintain the security of your login information.
- You shall be liable for all activities that may take place under your credentials, including the posted content by other users who login under your account or use your account to access this platform without proper authorization.
- All kinds of illegal activities on this website and related platforms shall be strictly prohibited. You shall never violate any laws in your jurisdiction or infringe upon other’s rights, including the intellectual property rights and copyright laws.
Use of Service
- Successfully registered / approved users shall be allowed to try the service for free. Once the trial period is over, they may continue the Service by paying in advance. The unpaid accounts shall be frozen and remain inaccessible until payment is made for additional usage after the trial period.
- The users shall be allowed to upgrade or downgrade their subscription, and any change in the plan level will take place immediately. We will prorate the billing accordingly.
- All fees, including the service fee, shall be exclusive of taxes. The users shall be responsible for paying all taxes, levies, or duties that may be imposed by tax authorities or payable in their jurisdiction.
- All refunds in relation to the use of services will be processed according to the refund policy, which shall be part of this agreement.
The Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, applicable to Agreements made and entirely to be performed within the Province of Quebec, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you use the service, you agree that any action at law or in equity arising out of or relating to the Agreement shall be filed and adjudicated only in the federal or provincial courts located in Quebec (district of Montreal), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms of Service.
Cancellation and Termination
- If TUCAN believes or becomes aware that you are involved in illegal activities or violated any provision of this agreement, it may suspend / terminate your account and prevent you from using its services in the future. TUCAN shall be entitled to refuse its services in its sole discretion. If TUCAN terminates your account, all content related to your account will be deleted, services will be deactivated and unused time / amount will be forfeited.
- The users should be allowed to deactivate / terminate their accounts. When you make a deactivation / termination request, your content will be immediately removed from the Service, and everything, including backups and logs, will be deleted within 30 days from the deactivation request. Once your content is purged from the Service, it will be permanent and you will not be able to recover it.
- Deactivation requests on phone or email will not be entertained. All deactivation requests shall be made by login to your account and navigating to the account cancellation page. Once a proper deactivation request is made, no questions shall be asked for canceling / deactivating the account, but the users shall be solely responsible for making a proper deactivation / termination request.
- When you deactivate / terminate your account before the subscription period, the deactivation / termination will be immediately effective and you will not be charged for the next month / subscription cycle. However, you will not be entitled to any refund of your unused time / amount in the current month or subscription cycle.
Modifications to the Service and Prices
- TUCAN shall be entitled to modify, discontinue or replace any service, in whole or parts thereof, at its sole discretion and with or without giving any prior notice before such modifications.
- All changes or modifications that involve a change in the current fees / price shall become effective only after a 30 days notification to the users. TUCAN shall take appropriate measures to notify the users and publish the changes on the website or inform through the service.
- Nothing on this website shall make TUCAN liable to you or any third party regarding a modification, suspension or discontinuance of its services and involved price changes.
Copyright and Proprietary Rights
- You should acknowledge that all content, including but not limited to trademarks, service marks, logos, graphics, applications, service names and the entire website presentation is fully protected by the Canadian copyright laws and international conventions. You should never try to copy, replicate, extract, or imitate any portion of the HTML, CSS, Script, or visual design elements without obtaining a written permission from TUCAN.
- You will not remove, deface or obscure any of TUCAN's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You are not entitled to reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.
- You should always respect the copyrights of collaborating service providers and participating users.
- TUCAN shall be entitled to use your submitted ideas, suggestions and feedback, in any form or manner, without creating any kinds of obligation to you.
Services data ownership
We are claiming no intellectual property rights to the data and the material you provide to the Services. All downloaded materials remain yours.
“Data" means any data and content you upload, post, transmit or otherwise made available via the Services including messages you send, files you upload, comments made on files, profile information and anything else you enter or upload into the Service. TUCAN will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security.
For us to provide services, we require that you grant us certain rights regarding your Data. As an example, we need to be able to transmit, store and copy your Data to display it to you and your colleagues, to index it so that you can search it, to make backups and prevent data loss, and so on. Your acceptance of these Terms Of Service gives us the permission to do so and confers to us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers (for example Amazon Web Services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary for the Service to be provided. Depending on the service, this may involve moving your data across jurisdictional lines, or across country borders.
TUCAN will not share, disclose, sell, lease, modify, delete or distribute any Data provided by you in any manner. TUCAN will also not view the Data provided by you except when given permission for support purposes.
You agree that TUCAN may include your business name in a list of Doneapp.com’s customers online and in print and electronic marketing materials in an appropriate fashion. If not, please email us at email@example.com and your particulars will not be published.
- The Service shall be provided ‘as it is’ and ‘as available.’ You shall bear all the risks that may be involved in accessing/using the Service over the Internet.
- TUCAN may engage third party service providers or collaborate with third party vendors and hosting partners to ensure the availability of required software, storage, hardware, and networking or other devices/technologies that are required to smoothly run the Service.
- You must refrain from all kinds of unauthorized activities and never try to hack, adapt or modify the Service by using any known or yet to be discovered technologies.
- You should never try or impersonate others or do anything to represent yourself or another website as a subsidiary, affiliate or associate of TUCAN unless you are authorized to do so.
- You should never copy, extract, duplicate, reproduce, exploit the Service in any form or manner, in whole or parts thereof, or access/use the Service unless you are authorized to do so.
- Any kinds of abuse, including but not limited to verbal, written and physical abuse or threats / retribution of such abuse to any client/user, employee or officer, or posting content that is abusive, defamatory, obscene, slanderous, hateful, threatening, harassing, and embarrassing, or promote bigotry, racism, hatred, or inflict emotional or physical harm to any individual or group, as determined by TUCAN, will result in immediate termination of your account.
- TUCAN may refuse to publish any content and edit/remove content that infringe upon other’s intellectual property rights or violate any laws, and even terminate the account of such users in its sole discretion, but it shall not be obligated to do so unless it becomes aware of it and/or such violations are proven.
- If TUCAN believes or becomes aware at any point that your usage of the Service significantly exceeds than the average usage of other customers, it may temporarily block / disable your access to the Service. However, your account shall never be disabled for excessive usage unless it negatively impacts the System or interferes with the fair usage of other customers, as determined by TUCAN. If we decide to temporarily disable your account for any reasons, we will take appropriate measure to inform you about any such hold on your account.
- You should acknowledge that the processing and performance of the Service may involve unencrypted data transmissions across servers in different regions or countries (networks), including your content which may be changed/adapted to comply with the technical requirements of such networks and devices.
- You should acknowledge that nothing on this website or the Service shall create any kinds of express or implied warranty and representation regarding:
- Good and solicited behavior / activities of other users, and the authenticity, accuracy, reliability, completeness, timeliness, suitability or availability of posted content or required information on the Service.
- Effectiveness and suitability of the Service to your requirements, the flawless working of the applications / devices, and merchantability or non-infringement of other’s rights.
- Uninterrupted, error-free, authentic, reliable, secure and timely Service and the accuracy, reliability or suitability of the results from the use of such service.
- The quality of products and services, and purchased / obtained materials, and/or information on the Service and its effectiveness/suitability as per your expectations.
- Virus-free environment and prompt correction of all errors and omissions in the Service.
- You should acknowledge and consent that TUCAN shall not be liable for any kind of loss, damages and claims, including but not limited to direct, indirect, special, consequential, incidental or exemplary damages like loss of data, profit, goodwill, business opportunity, particular use, or other tangible and intangible losses that may result from:
- Your ability or inability to use the service
- Rise in the procurement cost of substitute goods/services as a result of your purchase of any data, goods or services, or information obtained, messages received, and/or transactions conducted through or from the Service.
- Any kind of unauthorized access to your account and changes / modifications in your transmission or data.
- Any kind of infringement, behavior, statements, or activities by a third party on the Service.
- Any other issue or matter related to your use of the Service.
- You shall indemnify TUCAN and hold it harmless against all kinds of liabilities irrespective of the fact that such liabilities occur due to torts, breach of contract, negligence of duty, or omissions by the TUCAN employees and/or the possibility of such liabilities was already conveyed to it.
- TUCAN reserves a right to demand strict compliance of this agreement, but any failure to exercise or enforce any provisions of this agreement, or decision to ignore strict compliance in light of specific conditions/circumstances shall never be deemed as a waiver of its right to demand strict compliance against all violations in the future.
- Any modification of the existing service or addition of new features to supplement or enhance the Service shall be deemed as a modification of this agreement and supersede all previous arrangement/agreement between you and TUCAN unless any previous version or parts of it have been retained. Continued access or use of the Service shall be deemed as your explicit consent to abide by the modified agreement.
- If you have any concerns / reservations about the terms and conditions of this agreement, you may resolve your queries by writing to firstname.lastname@example.org. All kinds of support, regardless of their technical or administrative nature, shall be provided through email only.
Language / Langue
Les parties aux présentes reconnaissent avoir expressément exigé que la présente Entente, ainsi que Politique relative à la protection des renseignements personnels soient rédigées en anglais.