Terms & Conditions

(updated 12.10.2020)

These Terms & Conditions regulate the Use of all Websites and all Services by Dobbytec OÜ (referred to as DobbyTec). The Services include Usetiful (a digital adoption platform) and other Services.

These Terms & Conditions will be applied fully and affect Your Use of any Service or any Website (such as www.usetiful.com). By Using any Service or any Website, You agree to the Terms & Conditions written here. You must not use any Service or any Website if You Disagree with these Terms & Conditions.

Minors or people below 18 years old are not allowed to use any Service nor any Website of DobbyTec.

Definitions

Whenever found in the Terms & Conditions and in the Privacy Policy:

  • “Usetiful” is a web-based virtual assistance Service.It is distributed in various Service levels, as agreed between DobbyTec and Customer. User can use Usetiful to receive an Assistance with usage of Customer’s digital product.
  • “Calendify'' is a web-based appointment booking Service provided by DobbyTec. It is distributed in various Service levels, as agreed between DobbyTec and Customer. User can Use Calendify to create or manage a Booking.
  • “User” represents an “end user” of Service or any Websites of DobbyTec (such as www.usetiful.com).

  • “Use“, “Using“, “Usage” and similar represent any interaction or interactions between the Customer or User (alternatively, hardware or software devices controlled by the Customer or User) on one side and the Website or Service on the another, as well as an integration of the Customers website or service and the Service or Website or a similar way of utilizing the Service or the Website.

  • “Customer” represents an entity (or natural person acting on behalf of an entity) that enters a contractual relationship with DobbyTec. For example, but not limited to, a company that Uses Usetiful to guide their Users on their website is a “Customer”. Entity (or natural person acting on behalf of an entity) that Uses the Free service level is also considered a Customer.

  • “Agreement” or “Contract” is a contract between DobbyTec and Customer to Use Usetiful or other Services of DobbyTec.

  • “Service” is a specific product or application provided by DobbyTec, such as Usetiful.

  • “Service level” refers to a specific level of functionality or support provided by DobbyTec to a Customer, such as Free service level (such as Usetiful Free).

  • “Assistance” is an act when User is guided or helped on Customer’s digital system using Usetiful.
  • “Booking” is an act when User reserves a time slot in Customer’s calendar. Contact details are gathered during this act.

  • “Website” is any website of DobbyTec, including (but not limited to) www.dobbytec.com, www.calendify.cloud, www.calendify.cz, www.usetiful.com and www.cofboarding.com.

  • “You”, “Your”, “Yourself” and similar, whenever found in the Terms & Conditions or the Privacy Policy, shall refer to the Customer or User.
  • “ Customer Content” shall mean any audio, video, text, images or other material Customer chooses to display in Service or in own digital product using Service.

  • “We”, “Our”, “Ourself” and similar, whenever found in the Terms & Conditions or the Privacy Policy, shall refer to DobbyTec

  • “DobbyTec” or “Dobbytec” refers to Dobbytec OÜ, Registration ID: 14414449, Sepapaja tn 6, 15551 Tallinn, Estonia, contact email: [email protected]

Usage rules

Usage of Services and Websites is limited by following rules. Failure to comply with the rules or participation in activities that go against or or are otherwise forbidden by Terms & Conditions make You liable to disciplinary action and legal prosecution. The Customer is obliged to provide the Users Using the Service on Customer’s website with information about these Terms and Conditions regulating the Use of the Service.

Service levels

Free service levels

Free service levels (for example Usetiful Free) are provided absolutely free of charge to Customers. The characteristics and limitations of Free service levels (especially, but not limited, to usage limits or in supported product features) are subject to change.

Paid service levels

Paid service levels (for example Usetiful Enterprise) are the paid versions Services, providing advanced features and qualities compared to Free service levels. The features and qualities of Paid service levels can be improved anytime without prior notification. DobbyTec guarantees that the features and qualities will not be reduced or discontinued for any Customer during the period they are prepaid for.

All the prices presented are subject to adjustments to take into account market changes, or can be temporarily substituted by special prices (promotions).

DobbyTec may provide the Customer with a trial version including the features of the paid service free of charge. This is a solely voluntary option up to the discretion of DobbyTec. In case this trial version is provided, the articles regulating the Free service levels apply, where appropriate (for example the process of entering the Contract and terminating the Contract).

Agreement

A binding Agreement (also referred as “contract”) is initiated between Customer and DobbyTec at the time Customer orders a service. For paid service levels, the Agreement becomes binding once the payment of the full amount of the price is successfully completed.

Customer can submit contract cancellation at any time. If the cancellation request is delivered within the period of 30 days, DobbyTec will refund the last payment made. Cancellation request must be presented by Customer in written form (by email address used to register for the service) to contact email of DobbyTec.

For paid service levels, DobbyTec can cancel the Agreement in case Customer breaches the Terms & Conditions. In such cases, Customer does not have any right to a refund.

For free service levels, DobbyTec can cancel the Agreement without prior notice.

DobbyTec reserves the right to cease providing the Service as a whole at its own business discretion, in which case the Customers are entitled to receive a refund of their prepaid amount related to the part or duration of the Service not provided yet; the Customers are not entitled to any further compensation.

Privacy

Based on context, DobbyTec acts as a Data Controller and Data Processor. In these cases, our Privacy Policy applies; the Privacy Policy constitutes a part of these Terms and Conditions.

Customer Content and Content Ownership

By displaying Customer Content, the Customer grants DobbyTec a non-exclusive, worldwide, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. This license is however limited to the purpose of fulfilling the Contract, these Terms and Conditions and marketing and PR purposes of DobbyTec.

Customer will not display or make otherwise available any content which the Customer does not own, without explicit consent of the lawful owner of the content.

Identity

You will not impersonate any person or entity, living or not, nor misrepresent Your affiliation to any person or entity.

Reverse engineering

You will not reverse engineer any Service or Website, or misuse any workaround to overcome limitations of Service level.

Restrictions

You are specifically restricted from all of the following:

  • publishing any material from Website or Service in any other media;

  • selling, sublicensing and/or otherwise commercializing any material from Website or Service;

  • publicly performing and/or showing any material from Website or Service;

  • using Website or Service in any way that is or may be damaging to Website or Service;

  • using Website or Service in any way that impacts access to Website or Service;

  • using Website or Service contrary to applicable laws and regulations, or in any way may cause harm to the Website or Service, or to any person or business entity;

  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to Website or Service;

  • using Website to engage in any advertising or marketing.

Certain areas of Website or Service are restricted from being accessible by You and DobbyTec may further restrict access to any areas of Website, at any time, in absolute discretion. Any login and password information You may have for Website or Service are confidential and You must maintain confidentiality as well.

Intellectual Property Rights

Other than the content owned by Customers or Users, under these Terms, DobbyTec and/or its licensors own all the intellectual property rights to the materials contained in Websites or Services; You are granted a non-exclusive, worldwide, non-sublicensable license to use these materials for the purpose of fulfilling the Contract (mainly Use of the Website and Service) and these Terms and Conditions; the scope of the materials licensed and the duration of the license are limited to the duration of the Contract or Use of the Website and Service.

No warranties

The Websites are provided "as is", with all faults, and DobbyTec express no representations or warranties of any kind related to the Websites or the materials contained on the Websites. Also, nothing contained on the Websites shall be interpreted as advising You. DobbyTec provides no guarantee of protection against data loss and the Customer is encouraged to secure proper data backup prior to uploading the Customer Content to the Service or Website.

Final Provisions

Limitation of liability

In no event shall Dobbytec OÜ, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with Your use of Websites or Services. Dobbytec OÜ, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to Your use of the Websites or Services.

Indemnification

You hereby indemnify to the fullest extent Dobbytec OÜ from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to Your breach of any of the provisions of these Terms & Conditions.

Severability

If any term, condition or provision of these Terms and Conditions is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect its intent. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.

Variation of Terms

Dobbytec OÜ is permitted to revise these Terms & Conditions and the Privacy Policy at any time as it sees fit, and by using any of the Websites or Services. You are expected to review these Terms & Conditions and Privacy Policy on a regular basis.

Assignment

The Dobbytec OÜ is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms & Conditions without any notification. However, You are not allowed to assign, transfer, or subcontract any of Your rights and/or obligations under these Terms & Conditions.

Entire Agreement

These Terms & Conditions constitute the entire agreement between Dobbytec OÜ and You in relation to Your use of Website and/or Service, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of Estonia, and You submit to the non-exclusive jurisdiction of the state and courts located in Estonia for the resolution of any disputes.