Thanks for using DojoExpert.
Please read these Terms carefully. By using DojoExpert or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. DojoExpert (“DojoExpert” or the “Service”) is an service offered through the URL www.DojoExpert.com (we’ll refer to it as the “Website”) that allows you to create and manage school and members records. DojoExpert is owned and operated by Link Lab j.d.o.o. limited liability corporation based in Croatia, and operated by Link Lab information technologies limited, limited liability company bases in Ireland (“DojoExpert,” “we,” or “us”). DojoExpert has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “User” according to this agreement (or “you”).
In order to use DojoExpert, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using DojoExpert, you represent and warrant that you meet all the requirements listed above, and that you won’t use DojoExpert in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) DojoExpert may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for DojoExpert and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for DojoExpert on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
- Closing Your Account
You or DojoExpert may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Once terminated, we may permanently delete your account and all the data associated with it, including your Members records from our Website (database). If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
- Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
- Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
- Monthly and yearly plans
Our charges for monthly and yearly plans are posted on our Website and may be changed from time to time. If any part of a month/year is included in the Term, then payment is due for the full month/year. Payments are due for any month/year on the same or closest date to the day you made your first monthly/yearky payment (the “Pay Date”).
- Credit Cards
As long as you’re a User or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly or yearly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
- Billing and refunds
DojoExpert software is provided as a subscription service. All prices are quoted and charged in USD or EURO. You can select a monthly or annual payment plan. Annual payment plans provide discount from the current list price. You are required to provide valid billing information.
Transaction data, including personal data, can be transferred to PayLane Sp. z o.o. located in Gdańsk at Arkońska 6/A3, zip code: 80-387, company number: 0000227278, in order to process payments.
Transaction data, including personal data, can be transferred to Stripe, 185 Berry Street, Suite 550, San Francisco, CA 94107, USA, in order to process payments.
Your account will be automatically upgraded once you successfully process your first monthly payment and authorize the ongoing monthly payment. Your card will be automatically charged as of the effective date of your authorization, and each month thereafter. Accounts paid on invoice will be upgraded per our discretion – either immediately after you request the invoice or upon a receipt of the full payment.
Accounts will be renewed automatically on the anniversary of upgrade date. You may cancel your subscription at any time. To cancel it request cancellation via email. Further charges will be stopped. You can also contact us to request a deletion of your account or change of billing plan.
All fees are quoted exclusive of all taxes and levies.
On your request, we send full refunds within 7 days after the payment is made. After 7 days refund is not possible.
If you file a chargeback for transaction made by our payment processor PayLane Sp.z o.o. without reason and without notifying us, to continue using our service you need to pay the chargback and additional fee of $30 per chargeback.
It is your responsibility to ensure that our billing emails are properly delivered to your mailbox and not blocked by your anti-spam software or other protection measures.
- Charges for Add-Ons
Some features are offered as add-ons to your DojoExpert account. If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. There are also one-time-charge add-ons that are charged only once.
- Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
- Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide DojoExpert (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).
- Proprietary Rights Owned by You
RULES AND ABUSE
- Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a DojoExpert user, please report it to us. If you think anyone has posted material that violates any copyrights, please contact us.
- Compliance with Laws
You represent and warrant that your use of DojoExpert will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
If you’re located in the European Economic Area (EEA) you represent and warrant that you:
- Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re operating through DojoExpert.
- Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow DojoExpert to receive and process data and send communications to that individual on your behalf.
- Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
- Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
- No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use DojoExpert for a variety of reasons, we can’t guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
- Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
- Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
- Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
- Choice of Law
- Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
- Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
- No Changes in Terms at Request of User
Because we have so many Users, we can’t change these Terms for any one User or group.
- Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
- Notification of Security Breach
In the event of a security breach that may affect you or anyone on your members records, we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your records, you’ll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Link Lab j.d.o.o., Perini 14, 52448 Sv.Lovrec, Croatia, or any addresses as we may later post on the Website.
- Entire Agreement
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.
Congratulations! You’ve reached the end. Thanks for taking the time to learn about DojoExpert’s policies.
Updated May 20, 2018