Last updated: January 14, 2019
These are the Terms of Service ("Terms") for Three.do mobile application and related services (the "Service"), provided to you ("you", "Customer") by Paul Danyliuk ("we", "us", "our", and the "Developer") a Ukraine-registered individual entrepreneur (local: ФОП Данилюк Павло Сергійович, taxpayer ID 3383016691). Please read these Terms carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Some parts of the Service are billed on a one-time basis ("Purchase(s)"). You will be billed immediately depending on the type of purchase option you select when buying a Purchase.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Developer cancels it. You may cancel your Subscription renewal either through Google Play (for Subscriptions purchased on devices running Android), App Store (for Subscriptions purchased on devices running Apple iOS), your online account management page (for Subscriptions purchased through the web site "threedo.app"), or by contacting the Developer directly.
At the moment of writing, both Purchases and Subscriptions are handled by Google Play using In-App Billing API, which operate according to Google Play Terms of Service, which you are presumed to have agreed to before accessing Google Play. Upon billing you for Purchase or Subscription, you shall receive a receipt containing detailed information.
The Developer, in their sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
The Developer will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
The Developer, in their sole discretion and at any time, may modify the Purchase fees for the Purchases. If you have purchased that Purchase already, you will continue receiving the Service without being charged for the difference, nor reimbursed for it.
Certain refund requests for Purchases and Subscriptions may be considered by the Developer on a case-by-case basis and granted in our sole discretion.
To access parts of the Service, you must create a User Account by either providing your email and password, or signing in with your Google account. The authentication is managed by Firebase operated by Google LLC according to their Terms of Service and Privacy Policy. The Developer may see some Personal Data, namely the email, date of User Account creation and last sign in, the means of signing in, and unique identifier that allows the Developer to identify your User Data. The Developer cannot use your credentials to impersonate you, namely, the Developer doesn't have access to your password or other sensitive data that would allow the Developer to authenticate as you on any 3rd party resource. The Developer will never use your email to send or facilitate sending information other than directly related to the use of the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You expressly agree that the Developer cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
The use of the Service by you involves exchange of pieces of data ("User Data"). The exchange and storage of User Data is performed using Firebase operated by Google LLC, namely Cloud Firestore and Cloud Functions services. Due to the nature of the services, the Developer may see or reconstruct stored User Data and link it to a particular User Account. The Developer reserves the right to analyze the pieces of User Data solely for the purpose of improving the Service.
You shall use the Service in accordance with its intended use and for lawful purposes only.
You may not use the Service to transfer information other than meant for consumption within the Service. The examples of such violation include: sending deliberately malformed data packets, tampering with the data sent by the Service, sending irrelevant data disguised as User Data, including but not limited to sending large amounts of data encoded as plain text. You may not deliberately try to disrupt the operation of the Service by any means, including but not limited to sending large amounts of data with the intention to deplete the service quota, opening an excessive amount of connections to the Service, or creating more than two User Accounts. You may not attempt subverting normal operation of any parts of the Service by any means, including but not limited to hacking, disassembling binary code of the Service and examining such code, or accessing protected parts of data storage.
The Developer reserves the right to terminate the User Account at their sole discretion without explanation or prior notice and without right of refund, should the Developer suspect that any disrupting activity has been performed with the connection of this User Account.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Developer and its licensors. The Service is protected by copyright, trademark, and other laws of both Ukraine and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Developer. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Developer. Examples include but are not limited to: Facebook, Twitter, Trello, UserReport, iubenda.
the Developer has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Developer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us in the last 12 months.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Developer, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will the Developer ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by the Developer or any person for whom the Developer is responsible, and even if the Developer has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of Ukraine, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
Please refer to our Privacy Policy. You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Service.
If you have any questions about these Terms, please contact us at paul@threedo.app.