Terms of service

Your Privacy

1. Your Privacy. Your privacy is important to us. Please read the Quotodoro Privacy Statement (https://quotodoro.com/privacy-statement) (the "Privacy Statement") as it describes the types of data we collect from you and your devices ("Data"), how we use your Data, and the legal bases we have to process your Data. Where the processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to Quotodoro's collection, use and disclosure of Your Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.

Your Content

2. Your Content. Our Service allows you to store Your Content. We don't claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

• a. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is stored on or through the Service and that the collection, use, and retention of Your Content will not violate any law or rights of others. Quotodoro cannot be held responsible for Your Content or the material others store using the Service.
• b. To the extent necessary to provide the Service to you and others, to protect you and the Service, and to improve the Service, you grant to Quotodoro a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat Your Content on the Service. We do not use what you store to target advertising to you.

Code of Conduct

3. Code of Conduct.

• a. By agreeing to these Terms, you're agreeing that, when using the Service, you will follow these rules:
  • i. Don't do anything illegal.
  • ii. Don't engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else).
  • iii. Don't circumvent any restrictions on access to or availability of the Services.
  • iv. Don't engage in activity that is harmful to you, the Service or others (e.g., transmitting viruses, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
  • v. Don't infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
  • vi. Don't engage in activity that violates the privacy of others.
  • vii. Don't help others break these rules.
• b. Enforcement. If you violate these Terms, we may stop providing the Service to you or we may close your Quotodoro account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Service in an effort to enforce these Terms. When investigating alleged violations of these Terms, Quotodoro reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Service and make no attempt to do so.

Using the Service & Support

4. Using the Service & Support.

• a. Quotodoro account. You'll need a Quotodoro account to access the Service. Your Quotodoro account lets you sign in to the Service provided by Quotodoro.
  • i. Creating an Account. You can create a Quotodoro account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Quotodoro account. If you create a Quotodoro account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Quotodoro account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Quotodoro account.
  • ii. Account Use. If we reasonably suspect that your Quotodoro account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), Quotodoro may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your Quotodoro account, please send an email to support@quotodoro.com
  • iii. Kids and Accounts. By creating a Quotodoro account or using the Service, you accept and agree to be bound by these Terms and represent that you have either reached the age of “majority” where you live or your parent or legal guardian agrees to be bound by these Terms on your behalf. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the Quotodoro account or the Service, including purchases, whether the minor's account is now open or created later.
  • iv. Closing Your Account.
    • 1. You can cancel the Service or close your Quotodoro account at any time and for any reason. To close your Quotodoro account, please visit https://quotodoro.com and press Close Account on your Profile Page. When you ask us to close your Quotodoro account, you can choose to put it in a suspended state for 7 days just in case you change your mind. After the 7-day period, your Quotodoro account will be closed. Please see section 4.a.iv.2 below for an explanation as to what happens when your Quotodoro account is closed. Logging back in during the suspension period will reactivate your Quotodoro account.
    • 2. If your Quotodoro account is closed (whether by you or us), a few things happen. First, your right to use the Quotodoro account to access the Service stops immediately. Second, we'll delete Your Content associated with your Quotodoro account or will otherwise disassociate it from you and your Quotodoro account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). You should have a regular backup plan as Quotodoro won't be able to retrieve Your Content once your account is closed.
• b. Additional Equipment/Data Plans. To use the Service, you'll need an internet connection and/or data/cellular plan. You are responsible for providing all connections, plans, and equipment needed to use the Service and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Service and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
• c. Service Notifications. When there's something we need to tell you about the Service you use, we'll send you Service notifications. We may send Service notifications to you via email, including to verify your identity before registering your email address and verifying your purchases.
• d. Support. Customer support for the Service is available at support@quotodoro.com It may not be available for trial or beta versions of the Service.
• e. Ending your Service. If your Service is canceled (whether by you or us), first your right to access the Service stops immediately. Second, we'll delete Your Content associated with your Service or will otherwise disassociate it from you and your Quotodoro account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result, you may no longer be able to access the Service (or Your Content that you've stored on the Service). You should have a regular backup plan.

Service Availability

5. Service Availability.

• a. We strive to keep the Service up and running; however, all online services suffer occasional disruptions and outages, and Quotodoro is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content that you've stored. We recommend that you regularly backup Your Content that you store on the Service or store using Third-Party Apps and Services.

Updates to the Service, and Changes to These Terms

6. Updates to the Service, and Changes to These Terms.

• a. We may change these Terms at any time, and we'll tell you when we do. When changes become active, we ask you to agree to the new terms within 7 days. If you don't agree to the new terms, your Quotodoro account will be closed. Please see section 4.a.iv.2 for an explanation as to what happens when your Quotodoro account is closed.
• b. Sometimes you'll need software updates to keep using the Service. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Quotodoro isn't obligated to make any updates available and we don't guarantee that we will support the version of the system or device for which you purchased or licensed the software.
• c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing or access to Third-Party Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, or applications previously purchased. We may release the Service or its features in a preview or beta version, which may not work correctly or in the same way the final version may work.

Payment Terms

7. Payment Terms. If you purchase the Service, then these payment terms apply to your purchase and you agree to them. Quotodoro uses the services of the Payment Provider Stripe. To pay the charges for the Service, you will be asked to provide a payment method at the time you sign up for the Service. Your billing information and payment method are securely stored by our Payment Provider.

• a. Charges. If there is a charge associated with a portion of the Service, you agree to pay that charge. The price stated for the Service excludes all applicable taxes and currency exchange settlements, unless stated otherwise. We may suspend or cancel the Service if we do not receive an on-time, full payment from you. Suspension or cancellation of the Service for non-payment could result in a loss of access to and use of your account and its content.
• b. Your Billing Account. To pay the charges for the Service, you will be asked to provide a payment method at the time you sign up for the Service. Your billing information and payment method are securely stored by our Payment Provider. You can access and change your billing information and payment method through your Quotodoro Profile page. Additionally, you agree to permit Quotodoro to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
• c. Billing. By providing Quotodoro and its Payment Provider with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize Quotodoro and its Payment Provider to charge you for the Service or available content using your payment method; and (iii) authorize Quotodoro to charge you for any paid feature of the Service you choose to sign up for or use while these Terms are in force. We will bill you on a recurring basis for the Service. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
• d. Recurring Payments. When you purchase the Service on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to Quotodoro by the method and at the recurring intervals you have agreed to, until the subscription for the Service is terminated by you or by Quotodoro. You must cancel your Service before the next billing date to stop being charged to continue your Service. We will provide you with instructions on how you may cancel the Service. By authorizing recurring payments, you are authorizing Quotodoro its Payment Provider to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Quotodoro or its Payment Provider reserve the right to collect rejection or insufficient funds fee and process any such payment as an Electronic Payment.
• e. Online Statement and Errors. Quotodoro provides access to your Stripe account, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If Quotodoro has identified a billing error, we will correct that error within 90 days.
• f. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Quotodoro has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. For more refund information, please contact us at support@quotodoro.com.
• g. Canceling the Service. You may cancel the Service at any time, with or without cause. Canceling the Service stops future charges to continue the Service. To cancel the Service and request a refund, if you are entitled to one, visit the Quotodoro account management website. You should refer back to the offer describing the Service as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Service before the date of cancellation; and (iv) you may lose access to and use of your account when you cancel the Service. We will process your Data as described above in section 4. If you cancel, your access to the Service ends at the end of your current Service period or, if we bill your account periodically, at the end of the period in which you canceled. If you initiate a chargeback or reversal with your bank for your payment of Services, we will deem you to have canceled as of the date that the original payment was made, and you authorize us to immediately cancel your service and/or revoke any content that was provided to you in exchange for such payment.
• h. Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service at the end of the trial period.
• i. Promotional Offers. From time to time, Quotodoro may offer the Service for a trial period during which Quotodoro will not charge you for the Service. Quotodoro reserves the right to charge you for such Service (at the normal rate) if Quotodoro determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
• j. Price Changes. We may change the price of the Service at any time. We will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Service before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
• k. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.
• m. Bank Account Payment Method. You may register an eligible bank account with your Quotodoro account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a United States-based financial institution that supports automated clearing house ("ACH") entries, a European financial institution that supports Single Euro Payments Area ("SEPA") or "iDEAL" in the Netherlands). Terms you agreed to when adding your bank account as a payment method in your Quotodoro account (e.g., the “mandate” in the case of SEPA) also apply. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize Quotodoro (or its agent) to initiate one or more debits for the total amount of your subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your Quotodoro account. Contact customer support as outlined above in section 4.d as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.

Contracting Entity

8. Contracting Entity. For the Service you are contracting with Quotodoro, Australia. For the Service, Australia State law governs the interpretation of these Terms and claims for their breach, regardless of conflict of laws principles. You and we irrevocably agree to the exclusive jurisdiction and venue of the courts of Australia for all disputes arising out of or relating to these Terms or the Service. Your local consumer laws may require some local laws to govern or give you the right to resolve disputes in another forum despite these Terms. If so, the choice of law and forum provisions apply as much as your local consumer laws allow.

Warranties

9. Warranties. QUOTODORO, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. QUOTODORO DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

Limitation of Liability

10. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Quotodoro or any affiliates, Third-Party Apps and Services providers, direct damages up to an amount equal to your Service fee for the month during which the loss or breach occurred. You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Service, or the software related to the Service.

Miscellaneous

11. Miscellaneous. This section, and sections 1, 7 (for amounts incurred before the end of these Terms), 9, 12 and those that by their terms apply after these Terms end will survive any termination or cancellation of these Terms. To the extent permitted by applicable law, we may assign these Terms, subcontract our obligations under these Terms or sublicense our rights under these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Service. This is the entire agreement between you and Quotodoro for your use of the Service. It supersedes any prior agreements between you and Quotodoro regarding your use of the Service. In entering into these Terms, you have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance other than as expressly set out in these Terms. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. These Terms are solely for your and our benefit. These Terms are not for the benefit of any other person, except for Quotodoro's successors and assigns. Section headings are for reference only and have no legal effect.
12. Claims Must Be Filed Within One Year. Any claim related to these Terms or the Service must be filed in court within one year of the date you could first file the claim, unless your local law requires a longer time to file claims. If not filed within that time, then it's permanently barred.
13. Reservation of Rights and Feedback. Except as expressly provided under these Terms, Quotodoro does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Quotodoro or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Quotodoro any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback"), you give to Quotodoro, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Quotodoro to license its software, technologies or documentation to any third party because Quotodoro includes your Feedback in them.