Content - Terms of Service

Terms of Service

By using the todoyu.com web site ("Service"), todoyu software, or todoyu as a hosted version ("SaaS"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

snowflake reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.todoyu.com/legals/tos/

Violation of any of the terms below will result in the termination of your Account. While snowflake prohibits such conduct and Content on the Service, you understand and agree that snowflake cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be 18 years or older to use this Service.
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
  5. You are responsible for maintaining the security of your account and password. snowflake cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  7. If you are using a free account you are not permitted to block ads.
  8. One person or legal entity may not maintain more than one free account.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

  1. todoyu SaaS packages and extensions are required to be payed by PayPal.
  2. For a free and unlimited trial period, we offer you a free todoyu SaaS package. There is no free trial period for the paid packages available. But an upgrade from the free but feature-limited package to a paid package is available at any time.
  3. Generally, the billing cycle is 6 months. You will receive before the next billing cycle an invoice by email or a prominent notice within your account.
  4. If you initially sign up for a paid package, you will receive an invoice from the start of the Service until June 30th or December 31st depending on your registration in the first or second half of the year. (e.g. your services starts on August 21. The initial invoice will show "August 21 until December 31". The next invoice will then be for January 1 until June 30th.)
  5. An upgrade from the free to any paid package will end your free trial. You will be billed for the paid package of your choice immediately upon upgrading.
  6. The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  7. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  8. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  9. Downgrading your Service may cause the loss of content, features, or capacity of your account. snowflake does not accept any liability for such loss.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time in textual form.
    snowflake productions gmbh
    Birmensdorferstrasse 94
    8003 Zurich
    Switzerland
    info@anti-cluttertodoyu.com
  2. A function to terminate your account is available within the account of your todoyu package. Using the "Account Termination" button and confirm the action, the service will no longer be extended and ends on the last day of the billing cycle (either Jun 30th or December 31st).
  3. All of your content will be immediately deleted upon the termination end date of the service. This information can not be recovered once your account is cancelled.
  4. snowflake, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other snowflake service, for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. snowflake reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. snowflake reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes on this website (www.todoyu.com) or the Service itself.
  3. snowflake shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. All content posted on the Service is must comply with Swiss law. todoyu is released under the BSD License.
  2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
  3. snowflake does not pre-screen Content, but snowflake and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that snowflake may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, snowflake, or any other snowflake service.
  5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any snowflake customer, employee, member, or officer will result in immediate account termination.
  7. All Information transferred by todoyu SaaS Packages are SSL encrypted.
  8. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. If your bandwidth usage exceeds 5 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by snowflake) of other todoyu customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  11. snowflake does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that snowflake shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if snowflake has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  13. The failure of snowflake to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and snowflake and govern your use of the Service, superceding any prior agreements between you and snowflake (including, but not limited to, any prior versions of the Terms of Service).
    1. Questions about the Terms of Service should be sent to support@anti-cluttertodoyu.com.
    2. Place of jurisdiction shall be Zurich / Switzerland, as far as permitted by law.
    3. Should terms or conditions of these general terms and conditions of business be or become invalid, this shall not affect the validity of the remaining terms and conditions.

Privacy / Data Protection

The personal data of the user that are required for the execution and processing of the services and offers from todoyu are collected, stored and processed in accordance with the applicable laws and legislations of Switzerland.

Personal data of user will principally not be disclosed to third parties. For the processing of payments it is necessary to disclose user data to third parties (Payment Providers, Banks, Credit Card Processors etc.). Disclosure of personal data to third parties is limited to the necessary extent. All content data stored by the user (e.g. projects, addresses, time tracking journal) will never be disclosed to third parties.

After termination of the contract, all personal identifiable data will be deleted.

Further information about the processing of personal data can be obtained in our privacy policy.

October 1, 2010
Version 1.0

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